A Bench comprising Justices Abhay S. Oka and Ujjal Bhuyan has restored an interim order issued by the Uttarakhand High Court in November 2022, which halts construction in the area.
![[Birendra Singh vs UOI] Again, SC Restores Construction Ban at Uttarakhand's Jilling Estate](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/05/image-6-1.png?resize=820%2C461&ssl=1)
NEW DELHI: Recently, The Supreme Court of India restored a ban on construction and development activities at Jilling Estate, near Nainital in Uttarakhand. This decision comes in response to concerns about potential ecological damage and the disruption of wildlife movement due to proposed construction projects, including the Devanya five-star hotel and resort.
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A Bench comprising Justices Abhay S. Oka and Ujjal Bhuyan has reinstated an interim order issued by the Uttarakhand High Court in November 2022, which halts construction in the area.
The Supreme Court’s May 17 order stated,
“The interim order issued by the High Court on November 23, 2022, will remain in effect until further notice.”
On May 17, 2024, the Supreme Court restored the Uttarakhand High Court’s interim order from November 2022, halting construction activities at Jilling Estate until further notice.
This decision followed a fresh appeal by Singh, who argued that the single-window clearance obtained by the project proponents was insufficient without a comprehensive environmental impact assessment.
The appellant, represented by Senior Advocate PB Suresh and a team of lawyers, maintained that prior environmental clearance is crucial for any construction in ecologically sensitive and hilly areas. They stressed the need for a detailed environmental impact assessment to safeguard the region’s ecology and wildlife.
In 2020, Singh also filed a Public Interest Litigation (PIL) with the Uttarakhand High Court, highlighting ongoing construction in areas with dense forest cover. The High Court took cognizance of three Google Maps images indicating a reduction in green cover due to construction activities. Consequently, in November 2022, the High Court ordered a fresh inspection and imposed a stay on construction.
Background
Birendra Singh filed a plea with the National Green Tribunal (NGT), raising alarms about the environmental impact of the proposed construction activities in Jilling Estate. His concerns included the lack of necessary environmental clearances and the potential harm to the area’s dense forest cover.
After the NGT dismissed his plea, Singh escalated the matter to the Supreme Court.
In 2020, the Supreme Court addressed Singh’s appeal by ordering a demarcation exercise to determine whether the area in question could be classified as ‘Deemed Forest.’ This was crucial to ensure that any development activities complied with environmental regulations.
However, in September 2023, the High Court modified this order, allowing some construction to resume. This modification was contested by Singh in the Supreme Court, which in January 2024 quashed the High Court’s September 2023 order, reinstating the construction ban.
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On the other hand, the project proponents, represented by Senior Counsel CU Singh and others, argued that the necessary clearances had been obtained through a single-window mode, which should permit the continuation of construction activities in specified areas.
The next hearing on August 12 will be determining whether Singh will be granted interim relief and if the Devanya project will face further delays or modifications.
Case Title: Birendra Singh vs Union of India and ors
