The Supreme Court has reinstated a ban on construction and developmental activities at Uttarakhand’s Jilling Estate near Nainital. This decision comes amid a case titled Birendra Singh vs Union of India and others.
A Bench comprising Justices Abhay S Oka and Ujjal Bhuyan has revived an interim order issued by the Uttarakhand High Court in November 2022, which mandated a halt to construction activities in the area.
Case So Far:
According to the Supreme Court’s order dated 17 May, the interim injunction passed by the High Court in November 2022 will remain in effect until further notice.
The case revolves around proposed construction activities within the Jilling Estate, earmarked for the Devanya five-star hotel and resort project.
The planned constructions include a township featuring substantial concrete structures, villas, a swimming pool, solar electric fencing, and a private helipad.
The concerns raised primarily focus on the potential ecological damage and disruption to wildlife movement in the region. Allegations have also surfaced regarding the absence of environmental clearance for the project.
The initial concerns were brought before the National Green Tribunal (NGT) by Birendra Singh.
Following the NGT’s dismissal of Singh’s plea, he sought relief from the Supreme Court by filing an appeal.
In 2020, the Supreme Court disposed of Singh’s appeal after ordering a demarcation exercise to assess whether the area qualified as ‘Deemed Forest’.
Subsequently, Singh approached the Uttarakhand High Court via a public interest litigation (PIL) to address related concerns.
In 2022, the High Court observed that the demarcation exercise mandated by the Supreme Court remained incomplete.
It further noted ongoing construction activities in areas with dense forest cover and ordered a fresh inspection of the site.
Subsequently, the High Court imposed a stay on construction at the Jilling Estate in 2022. The court cited evidence from Google Maps images indicating a reduction in green cover due to construction.
In September 2023, authorities modified this stay, permitting certain construction activities to resume.
This modification was challenged before the Supreme Court, leading to the January 2024 decision overturning the modification and reinstating the construction ban.
In April 2024, the High Court disposed of the PIL while permitting construction to resume in specific notified areas of the estate, acknowledging the receipt of necessary clearances through a streamlined approval process.
Birendra Singh contested this decision and lodged a fresh appeal before the Supreme Court.
The appeal raised concerns regarding dispensing with prior environmental clearances on the pretext of a ‘single window clearance’.
Singh argued for comprehensive environmental impact assessments before sanctioning commercial activities in the region. He urged the Court to halt the Devanya project.
In an interim order concerning this appeal, the Supreme Court has once again upheld the High Court’s 2022 construction ban.
This legal tussle underscores the delicate balance between development aspirations and environmental preservation. The judiciary plays a pivotal role in adjudicating such matters to ensure sustainable growth while safeguarding natural ecosystems.
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