In a recent development, the Supreme Court of India intervened in an ongoing environmental dispute, quashing an order by the Uttarakhand High Court that permitted certain construction activities in the picturesque Jilling Estate, Uttarakhand. The decision, made by a bench of Justices BR Gavai and Sandeep Mehta on January 2, emphasizes the need to protect the environment and prevent irreversible damage.

The controversy dates back to 2018 when petitioner Birendra Singh approached the National Green Tribunal (NGT) with concerns about the planned development in Jilling Estate. Singh argued that the proposed township, featuring extensive concrete constructions, villas, a swimming pool, solar electric fencing, and a private helipad, posed a significant threat to the local ecology and wildlife. Additionally, he raised alarms about the absence of necessary environmental clearances for these activities.

The NGT dismissed Singh's application based on reports submitted by the Court Commissioner. Dissatisfied with the decision, Singh filed an appeal before the Supreme Court in 2020, prompting the apex court to direct a survey and demarcation within eight weeks for areas where the forest density exceeded 40 percent.

The Court Commissioner's subsequent findings revealed that approximately 8.5 hectares of the 36-hectare Jilling Estate had a high density of forest cover. The Supreme Court had instructed this demarcation exercise to ascertain whether the area could be classified as 'Deemed Forest' according to the precedent set in TN Godavarman vs. Union of India.

In November 2022, the Uttarakhand High Court discovered that the demarcation exercise was pending and, as a precautionary measure, ordered a fresh inspection of the Jilling Estate. The court also imposed a stay on any construction activities in the area.

In September 2023, the High Court modified its earlier order, allowing partial construction for a 90-acre luxury township project in Jilling Estate under specific conditions to mitigate environmental damage. However, this decision faced opposition, leading to an appeal before the Supreme Court.

On January 2, 2024, the Supreme Court intervened, expressing concerns about irreversible damage if construction continued while the matter was pending. The apex court, citing the environmental implications, quashed the High Court's 2023 order and reinstated the 2022 order that imposed a stay on all construction activities in the Jilling Estate. 

Case: Birendra Singh vs Union of India & Ors,

CIVIL APPEAL NO(S). /2024 (ARISING OUT OF SLP(C) No.26936/2023)

Click to read/download judgment.