I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE CHI EF JUSTI CE MR. G. NARENDAR AND THE HON’BLE JUSTI CE MR. SUBHASH UPADHYAY Writ Petition (PIL) No.19 of 2022

8 December, 2025 Suo Motu PIL: In The Matter of Preservation of Sukhatal Lake and to Stop Concretization --Petitioner Versus State of Uttarakhand and Others --Respondents ----------------------------------------------------------------------

Presence:-

Mr. Dr. K.H. Gupta, learned Amicus Curiae for the petitioner.

Mr. B.S. Parihar, learned Addl. C.S.C. for the State of Uttarakhand.

Mr. Shobhit Saharia, learned counsel for the KMVN.

Ms. Annanya Jain, learned counsel holding brief of Mr. Sandeep Kothari, learned counsel for the District Level Development Authority Nainital.

Dr. Aman Rab, learned counsel for the SEIAA and State Wetlands Authority.

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JUDGMENT: (per Subhash Upadhyay, J.

The present suo motu PIL was registered on a letter dated 16.12.2021 sent by Dr. Anil Bisht, Professor (Retd.), Kumaon University. The said letter was supported by the signatures of 104 persons regarding preservation of Sukhatal Lake and to stop concretization and other unscientific activities in Sukhatal Lake. A Co-ordinate Bench of this Court vide order dated 21.08.2023 directed all the District Magistrates to respond to the communication issued by the Wetlands Authority and in pursuance to the said directions all the District Magistrates filed their status report. Paragraph no.3 and 4 of the said status report reads as under:-

“3 That it is submitted that the present Writ Petition (PIL) was lastly listed before the Hon'ble Court on 21- 8-2023 and the Hon'ble Court after hearing the parties at length was pleased to direct the State to file the status report on the aspect-whether the District Magistrates have responded to the communications issued by the State Wetlands Authority dated 21-11- 2020, 18-2-2021 and 2-8-2021, which are addressed to the Chairpersons of the District Level Technical Committee, of with the District Magistrate is the Chairperson.

4. That in compliance of the aforesaid direction of this Hon'ble Court, the reports as provided by the District Magistrates of the State of Uttarakhand are collectively being filed herewith for the kind consideration of this Hon'ble Court, the details of which is given in a tabular form as under:-

S. No. District Report

1 Almora There are three wetlands in District Almora, namely (1)- Bhaludam; (2)-Ranijheel, (3)-Tadagtaal. The information in relation Ranijheel to and a Tadagtaal is received in prescribed format, but in relation letter dated 14-9- 2023 that the Bhaludam is situated under the Category A-1 land under the ownership of the Army, therefore, letter has been sent to the ADAM Commandant KRC Ranikhet for providing the information in a prescribed format. Besides this, directions have been issued to all the concerned to submit the report before the Committee if any other wetland will be found.

2 Bageshwar As per the report submitted by the District Magistrate, 2. Co-ordinate Bench of this Court vide order dated 25.09.2023 has passed the following order:-

“7. In Paragraph No.4 of the status report, he states that the District Magistrates of all the 13 districts have submitted their respective reports being Chairpersons of the District Level Technical Committee to the State Wetlands Authority.

8. Dr. Rab states that now the State Level Technical Committee shall examine the proposal, and after such examination, it may recommend to the Government for declaration of the Wetlands by the State of the concerned area.

9. Insofar as the Sukhatal and Dakshini Pataakote, Kaksha Sankya-2Aa, Ramnagar, District Nainital, are concerned, the District Magistrate Nainital has submitted a report recommending that they be declared the Wetlands.

10. Let the State Level Technical Committee examine the reports submitted by the District Level Technical Committee within one month, as prayed for.

11.