Uttarakhand HC stays construction in Nainital hamlet as google images shows shrinking green cover

The Uttarakhand High Court was hearing a public interest litigation petition filed by Birendra Singh, a native of the area in Nainital district.

The Uttarakhand High Court last week stayed till December 15 all further construction activities in Jilling Estate, a small hamlet in Nainital district. The direction was passed after a google map imagery was submitted in the court depicting depletion of green cover, particularly in 8.5 hectares of the 36 hectares estate.

While hearing a public interest litigation petition filed by Birendra Singh, a native of the area, the Bench of Chief Justice Vipin Sanghi and R.C. Khulbe mentioned that the google images of the spot from 2015, 2018 and 2022 demonstrated that the green cover appeared to have substantially reduced.

“Between 2018-2022, it appears that even in the area having dense population of trees, roads have been constructed/broadened and extended,” the court maintained.

In the petition, Mr. Singh — who had earlier approached the National Green Tribunal as well as the Supreme Court — complained that at least 44 massive villas and other huge structures, including helipad, resort cottages and hospitality zone were being constructed in Jilling Estate. Such massive construction activity in the fragile Himalayas would hinder the free movement of wild animals such as the leopard and there was no environmental clearance, he said.

“Since we are looking at Google Map pictures, our conclusion, obviously, cannot be final. However, for prima facie evaluation, we certainly can take notice of these pictures. These pictures show that even in the dense tree cover area, developmental activity has been undertaken as the roads/paths appear broader, clearly defined, and extended in their length,” the court said.

It appointed Dvijendra Kumar Sharma, retd. IFS, as the Court Commissioner who will carry out an on-the-spot inspection and furnish a report before the court.

The NGT, in 2018, had dismissed the PIL plea filed by Mr. Singh while the Supreme Court on February 11, 2020 ordered a direction to survey and demarcate the area falling in three patches of the estate wherein the density of forest appears to be 40% or more.