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Dismisses Challenge to Proposed Relocation from Nainital to Haldwani as
The has dismissed a challenging the proposed relocation of its complex from Nainital to Haldwani, ruling that the petition was since the process remained at the stage of land identification and no forest land had been .
A comprising Justice Manoj Kumar Tiwari and Justice Pankaj Purohit on rejected the plea filed by Raman Kumar Shah, which questioned the administrative decisions of the District Magistrate, Nainital, and the approving the shift. The court noted that the state government had assured due legal compliance before any actual would occur.
A Challenge: Relocation Plans Still in Infancy
The petitioner argued that the proposed use of approximately 73 hectares of forest land in the , near Bel Baba Temple, violated the , as no from the central government had been obtained. The petitioner also claimed the area fell within an and that diversion would harm the environment.
However, the state government, represented by , countered that the project was only at the preliminary stage of identifying suitable land. He submitted that Nainital’s “exhausted load-bearing capacity” made the shift necessary for litigants, advocates, and the town itself. The Deputy Solicitor General confirmed that no proposal had yet been submitted to the .
Behind the Decision: Infrastructure Woes and Rising Costs
Taking of the ground realities, the court highlighted the acute lack of space, inadequate infrastructure, poor connectivity, and the high cost of living in the “small tourist hill town of Nainital.” The bench observed that these factors create “extra-ordinary financial burden upon litigants who come from marginalized sections of society” and hinder the growth of the institution, including increasing the strength of judges.
“The high cost of living at Nainital does not promote ,” the court remarked, underscoring that the relocation aligns with the constitutional goals of equal justice under .
Environmental Concerns Addressed
Addressing the petitioner’s environmental objections, the court noted that the proposed site is approximately 10 kilometers away from the alleged —a fact corroborated by documents submitted by the petitioner themselves. The bench clarified that since no forest land had been yet, the requirement for central approval under Section 2 of the Forest (Conservation) Act would arise only when the actual stage of or begins.
The court also referred to , which prescribes the timeline and procedure for through the .
What the Court Said
“The present is pre-mature as the matter is at the stage of identification of land. Therefore, of the Central government under is not required as of now and the said permission can be taken as and when the stage of of forest or use of forest land for non-forest purpose arises,” the bench stated.
The court further dismissed the prayer to prosecute the District Magistrate under the Forest Conservation Act, holding that no offence had been committed.
Final Decision: Petition Dismissed
Concluding that the challenge was , the dismissed the . It left it open for the authorities to follow the , including obtaining necessary from the and the , at the appropriate stage. The judgment paves the way for the state government to proceed with the relocation plan, subject to full compliance with .
