Uttarakhand High Court stays construction in Jilling Estate based on Google Map images showing reduced green cover

The Uttarakhand High Court last week stayed all construction activities in Jilling Estate at Uttarakhand till December 15, after placing reliance on Google Map images which prima facie showed reduction in green cover [Birendra Singh v UOI]..A bench of Chief Justice Vipin Sanghi and Justice RC Khulbe took into consideration the three google map pictures from the years 2015, 2018 and 2022 of concerned area and 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.".By way of background, in 2018 an application was filed by petitioner Birendra Singh before National Green Tribunal (NGT).He had contended that respondent allegedly created a township envisaging huge concrete constructions, villas, swimming pool, solar electric fencing, a private helipad, causing damage to the ecology and hindering free movement of the wildlife, besides not having environmental clearance.The same was dismissed by NGT after relying on reports submitted by the Court Commissioner..Consequently, an appeal was filed in Supreme Court in 2020 against the NGT order.The Supreme Court dismissed the appeal, directing authorities to conduct survey and demarcation be conducted within a period of 8 weeks in respect of the area falling in three patches of the Jilling estate, wherein the density of forest appeared to be 40% or more.The Court Commissioner had found that about 8.5 hectares out of the entire Estate, i.e. 36 hectares constituting Jilling Estate, appeared to have a high density of forest cover in the range of 40% or more.The Supreme Court had directed the conduct of survey and demarcation in terms of the direction contained in clause (vi) of the conclusions drawn in the report of the Court Commissioner Shri Bikram Singh Sajwan. The demarcation was necessary to determine, whether the same would, eventually, be classified as 'Deemed Forest' in terms of the judgment passed by the Supreme Court in TN Godavarman vs. Union of India.However, the same was not done yet, the Court said. "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).".Further, the High Court was also informed by petitioner's counsel that the respondents had employed a JCB machine to carry-out development activities in the 8.5 hectares' area, which appeared to have dense tree cover and may eventually be declared as a Deemed Forest, without permission from the authorities.Therefore, to resolve the issue of 'Deemed Forest', the High Court also ordered a fresh inspection of the entire Jilling Estate.For the same, the Court appointed Dr. Dvijendra Kumar Sharma, IFS as the court commissioner.The Court also stayed all further development / construction activities in Jilling Estate..The matter will be taken up next on December 15.Petitioner was represented by advocates PB Suresh and Karthik while advocates Manoj Kumar, Pradeep Joshi, Vikas Srivastava and Akshay Pradhan represented the respondents..[Read Order]