Google Map Prima Facie Shows Green Cover Depletion: Uttarakhand HC Stays All Development Activities In Nainital's Jilling Estate

Uttarakhand High Court has stayed till December 15, all development/ construction activities in Jilling Estate, a small village situated amidst untouched forests of Kumaon Himalayas.The direction was passed by a division bench of Chief Justice Vipin Sanghi and Justice R.C. Khulbe after perusing Google Map imagery which prima facie depicts green cover depletion, particularly in 8.5 hectares of the 36 hectares Estate. This 8.5 hectares area appears to have a high density of forest cover in the range of 40% or more.Accordingly, the Court observed,"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 bench compared images from the year 2015, 2018 and 2022.During the hearing, the bench was informed that Devanya Private Resorts employed a JCB machine to carry-out development activities in the 8.5 hectares' area, which appears to have dense tree cover and may eventually be declared as a Deemed Forest, sans permission. Therefore to resolve the issue of 'Deemed Forest', the Court has ordered a fresh inspection of the entire Jilling Estate.Court appointed Retd. IFS Dr. Dvijendra Kumar Sharma as the Court Commissioner to carry-out the local physical on-the-spot inspection and furnish a report in two weeks. "Till the next date, all further development / construction activities in Jilling Estate shall remain stayed," it added.The development comes in a 2020 PIL moved by one Birendra Singh. On an earlier occasion, he had moved the National Green Tribunal against the Resort for allegedly creating a township envisaging huge concrete constructions, villas, swimming pool, solar electric fencing and a private helipad, causing damage to the ecology and hindering free movement of the wildlife, besides not having environmental clearance. The application was, however, dismissed by the NGT despite a report by the then appointed Commissioner suggesting survey and demarcation of the Estate. A subsequent appeal to the Supreme Court was disposed of with 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. However, the order was not complied with. Noting this, the High Court was prompted to observe,"In our view, the said non-compliance of the order of the Supreme Court as well as our order constitutes contempt of Court. The direction to carry-out survey and demarcation was issued by the Supreme Court as early as on 11.02.2020. However, before we proceed to take action under the Contempt of Courts Act against the erring officers, we consider it appropriate to grant them one more opportunity to strictly comply (in two weeks)."The matter has now been listed for December 15. Case Title: Birendra Singh v. Union of India and Others Citation: Writ Petition (PIL) No. 44 OF 2020 Coram: Chief Justice Vipin Sanghi and Justice R.C. Khulbe Click Here To Read/Download the Order

Google Map Prima Facie Shows Green Cover Depletion: Uttarakhand HC Stays All Development Activities In Nainital's Jilling Estate

Rahul Garg

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