By Arun Pratap Singh
Garhwal Post Bureau
New Delhi, 15 Jul: The Supreme Court today cleared the way for shifting the Uttarakhand High Court from Nainital to Haldwani by setting aside the Uttarakhand High Court’s 2024 order that had rejected the State Government’s proposal to allot alternative land in the Gaulapar area in Haldwani for construction of the new High Court complex. The apex court observed that such matters are administrative in nature and should not be decided through judicial orders.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohan directed that possession of the land earmarked for the new High Court building at Haldwani be handed over to the High Court on an “as is, where is” basis within six weeks. It also directed the State Government to issue the notification for transfer of the land within eight weeks.
During the hearing, when the court was informed that the land had trees which might have to be removed, the Chief Justice observed that possession of the land could be handed over to the High Court along with the existing trees. The Bench also remarked that the High Court should not have passed judicial orders in matters of an administrative nature.
In its order, the SC bench said that the issues relating to infrastructure should be resolved through coordination between the state government and the High Court administration. It observed that such matters should not be adjudicated through judicial proceedings. On this basis, the Bench allowed the appeal and quashed the Uttarakhand High Court’s 2024 order.
The matter had reached the SC through an appeal filed by the Uttarakhand High Court Bar Association challenging the High Court’s order dated 8 May, 2024. In that order, the High Court had rejected the proposal to allot 26 hectares of land at Golapar on the ground that nearly 75 percent of the area comprised forest land and that development of the site could require felling of trees. The High Court had then directed the Chief Secretary to identify a more suitable site within one month.
In its 2024 order, the High Court had also underlined the need to shift the court from Nainital, citing persistent traffic congestion, lack of modern medical facilities, inadequate connectivity, rising accommodation costs, difficulties faced by lawyers in securing housing and hardships faced by litigants travelling from distant districts. It had also directed that suggestions be invited from lawyers and the public through an online portal and that a committee be constituted to review the entire issue.
The SC had during past hearings in the case stayed the operation of the High Court’s order in 2024 and had issued notices to all parties. With today’s final verdict, the path has now been cleared for construction of the new Uttarakhand High Court complex at Haldwani.
