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Synopsis

The Uttarakhand High Court has put a hold on all further development/construction activities in Jilling Estate, a small village in Nainital, till December 15, 2022. 

The bench of Chief Justice Vipin Sanghi and Justice RC Khulbe compared the pictures of the Google Map of the area concerned from the years 2015, 2018 and 2022, which were placed on record by the petitioner, and noted that pictures showed substantial depletion of the green cover in the area between 2015-2018.

"Even between 2018-2022, it appears that even in the area of having a dense population of trees, roads have been constructed/broadened and extended", the bench observed. 

The pictures also showed that even in the dense tree cover area, developmental activity had been undertaken and the roads/paths appeared broader, clearly defined, and extended in their length.

While clarifying that since the pictures were taken from Google Maps, therefore, any conclusion based on those could not be final, the bench opined, "However, for prima facie evaluation, we certainly can take notice of these pictures".

Therefore, taking the seriousness of the issue into account, court ordered for a fresh inspection of the entire Jilling Estate and directed for a report to be filed within two weeks for the court to proceed further in the matter.

The order has been passed in a Public Interest Litigation (PIL) moved by one Birendra Singh in 2020 against the construction being carried out by Devanya Private Resorts in the Jilling Estate.

Court appointed Dr. Dvijendra Kumar Sharma, IFS (Retd.) as the Court Commissioner to carry out the local physical on-the-spot inspection of the area.

Court asked him to furnish a report, particularly stating as to whether the concerned Resorts have carried out development activities, including in the 8.5 hectares' area, which has dense tree cover in excess of 40% and is likely to be declared as a Deemed Forest.

In 2018, Singh had moved the National Green Tribunal against the Resorts for allegedly creating a township in the Jilling Estate causing damage to the ecology without having environmental clearance.

The NGT, however, dismissed Singh's application placing reliance on the report filed by the Court Commissioner appointed by it. Thereafter, Singh filed an appeal before the Apex Court which, in 2020, ordered a survey and demarcation of the area falling in three patches of the Jilling estate, wherein the density of forest appeared to be 40% or more.

In the survey, it was found that about 8.5 hectares out of the entire Estate, i.e. 36 hectares constituting Jilling Estate, appeared to have a high density of forest cover in the range of 40% or more.

Following that, the Top Court ordered demarcation of the area which was necessary to determine, whether the same would, eventually, be classified as “Deemed Forest”.

In the instant PIL, the division bench of the high court found that the order of the Supreme Court had not been complied with. However, before initiating contempt of court proceedings against the erring officers, Court granted two weeks' further time to the state authorities to strictly comply with the order passed by the Supreme Court as well as by the high court and file a report. 

The matter will now be taken up next on December 15 for further hearing.