Uttarakhand High Court
WPPIL/5/2025 on 17 February, 2025
Office Notes,
reports, orders
SL. or proceedings
Date COURT'S OR JUDGES'S ORDERS
No or directions and
Registrar's order
with Signatures
1 7 .0 2 .2 0 2 5 WPPI L No. 05 of 2025
H on 'ble G. N a r e n da r , C.J.
H on'ble Alok M a hr a , J.
1. Heard learned counsels Sri J.S. Rawat and Ms. Hem ant i Shah on behalf of t he pet it ioner, learned Addit ional Chief St anding Counsel Sri P.C. Bisht on behalf of t he St at e of Ut t arakhand, learned St anding Counsel Sri I .D. Paliwal on behalf of t he St at e of U.P., and learned St anding Counsel Sri Lalit Sharm a on behalf of t he Union of I ndia.
2. Today, Sri Ashish Kum ar Chauhan, Dist rict Magist rat e, Dist rict Pauri Garhw al has appeared, and filed an affidavit , and has deposed in paragraph nos. 2 t o 6 as under :
" 2) That t he m at t er was last list ed on 11.02.2025 and on t he said dat e, t his Hon'ble Court was pleased t o direct t he answering respondent t o conduct a j oint survey of t he vacant st ruct ures sit uat ed in Kalagarh and det erm ine t he vacant st ruct ure/ buildings in t he land of Forest Depart m ent .
3) That in com pliance of t he above direct ion, it is hum bly subm it t ed t hat Sub- Divisional Magist rat e, Kalagarh vide let t er dat ed 11.02.2025 direct ed t he officials of various depart m ent s t o conduct a j oint inspect ion on 12.02.2025 of 72 vacant st ruct ures sit uat ed in Kalagarh along wit h videography and subm it t he inspect ion report t o t he Sub- Divisional Magist rat e, Kalagarh. I n t his connect ion, copy of let t er dat ed 11.02.2025 is being m arked and filed An n e x u r e N o. 1 t o t his affidavit .
4) Consequent ly, a j oint inspect ion/ survey w as conduct ed on 12.02.2025 by t he officials of Revenue Depart m ent , Forest Depart m ent , I rrigat ion Depart m ent and Police Depart m ent in which t he Addit ional Dist rict Magist rat e, Pauri Garhw al and Sub- Divisional Magist rat e, Kot dwar w ere also present . During t he said inspect ion, t ot al num ber of 72 sham bles and st ruct ures in dilapidat ed condit ion w ere found at sit e. I n t his connect ion, copy of j oint inspect ion report along wit h English t ranslat ion, phot ographs and videos of t hese 72 buildings/ sham bles are collect ively being m arked and filed as An n e x u r e N o. 2 t o t his affidavit .
5) That apart from t hese 72 st ruct ures/ sham bles, 25 ot her st ruct ures ot her t han t he forest buildings, w hich were earlier handed over by t he I rrigat ion Depart m ent t o t he Forest Depart m ent , were also found at sit e. These st ruct ures also have already been abandoned and in sham bles and are required t o be dem olished. I n t his connect ion, copy of phot ographs of t hese 25 st ruct ures are collect ively being m arked and filed as An n e x u r e N o. 3 t o t his affidavit .
6) That it is also pert inent t o m ent ion t hat t he Kalagarh area and part icularly t he area w here t he illegal st ruct ures exist is t he core area of t he Corbet t Tiger Reserve. Needless t o say, t here cannot be any unwarrant ed hum an inhabit at ion in t he core area as it is specifically earm arked for Tigers. I n t his connect ion, copy of let t er dat ed 09.10.2023 and not ificat ion dat ed 26.02.2010 are collect ively being m arked and filed as Annexure No. 4 t o t his affidavit ."
3. The phot ographs clearly subst ant iat e t he st at em ent of t he DM, and would show t hat t he st ruct ures are in sham bles and com plet ely dilapidat ed, and unfit for hum an habit at ion.
4. Learned counsel for t he pet it ioner, aft er seeing t he phot ographs, would subm it t hat he has no obj ect ion for dem olit ion of t he st ruct ures, but would place a caveat by st at ing t hat t he roofs over som e of t he st ruct ures also support s t he roofs of t he adj oining habit at ions. No such m at erial is placed. I n fact , som e of t he phot os would depict window s covered wit h loose placed kiln bricks, which bricks have been whit ewashed, and in som e buildings t he window is covered wit h bushes and t horns. I n som e of t he st ruct ures, t here is no whit ewash, and it is apparent t hat no one is living t here.
5. I n t hat view , we are of t he opinion t hat t he st ruct ures, being wit hin t he reserve forest , it would pose a danger t o t he anim als, who m ay wander t here. The phot os w ould show t hat t here is possibilit y of t he st ruct ures crum bling and falling dow n by t hem selves. That apart , t he st ruct ures appear t o be m ore t han 50- 60 years old.
6. I n t hat view , w e perm it t he DM t o undert ake t he dem olit ion. The DM, along wit h t he Direct or of t he Jim Corbet t Tiger Reserve, shall issue not ices, int im at ing t he public of dem olit ion of t he st ruct ures. The dem olit ion shall not be before com plet ion of 15 days from t he dat e of t he public not ice. The dem olit ions shall not harm such port ions, w hich are occupied, and where people are residing perm anent ly. The dem olit ions shall be com plet ed, as expedit iously and efficient ly as possible, and t he DM and t he Direct or, Jim Corbet t Tiger Reserve shall place t heir respect ive report s, report ing com pliance of t hese direct ions.
7. List t his case on 18.03.2025.
8. In t he m eanwhile, t he pet it ioner and t he respondent s shall file t he list of occupant s, as direct ed on 11.02.2025.
( Alok M a h r a , J.) ( G. N a r e n da r , C.J.)
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Rahul