In a decisive move, the Supreme Court has reinstated a ban on construction activities in Uttarakhand’s Jilling Estate, near Nainital, reviving an interim order originally issued by the Uttarakhand High Court in 2022.
A Bench composed of Justices Abhay S. Oka and Ujjal Bhuyan confirmed that the interim order from November 23, 2022, which halted construction, will remain effective until further notice.
This case revolves around the proposed development of the Devanya five-star hotel and resort project, which included plans for a township featuring extensive concrete structures, villas, a swimming pool, solar electric fencing, and a private helipad. Concerns about the ecological impact and disruption to wildlife prompted opposition to the project. Critics also noted the absence of environmental clearance.
The initial objections were brought before the National Green Tribunal (NGT) by Birendra Singh. After the NGT dismissed his plea, Singh appealed to the Supreme Court, which in 2020 mandated a demarcation to determine if the area could be classified as ‘Deemed Forest.’
Singh continued his campaign by filing a public interest litigation (PIL) in the Uttarakhand High Court in 2020. The High Court noted in 2022 that the demarcation had not been completed and that ongoing construction was affecting dense forest areas. Consequently, the High Court ordered a fresh inspection and halted construction, citing evidence from Google Maps that showed a reduction in green cover.
In September 2023, the High Court modified its stay, allowing limited construction. This modification was challenged, leading the Supreme Court to quash the High Court’s September order in January and reinstate the construction ban.
The Supreme Court argued that permitting construction before the High Court’s final decision could lead to irreversible consequences. Despite the High Court’s April 9 decision to allow construction in certain areas with necessary clearances, Singh challenged this, arguing for comprehensive environmental impact assessments.
In response to Singh’s latest appeal, the Supreme Court has restored the 2022 construction ban, pending further hearings. The court will revisit the issue of interim relief for Singh in the next session scheduled for August 12.
Legal representation for Singh included Senior Advocate PB Suresh and a team of advocates, while the project proponents were represented by Senior Counsel CU Singh and colleagues.
