HC allows construction in Jilling Estate ‘with conditions’, ET RealEstate

September 8, 2023

DEHRADUN: The high court, satisfied with the commitments made by Seemit Sinha, the director of Devanya Pvt Ltd, has granted permission for third-party landowners in Jilling Estate to proceed with construction activities within the 36-acre expanse nestled amidst the lush green forests of Nainital.

However, this permission comes with stringent conditions aligned with the guidelines of the State Environment Impact Assessment Authority (SEIAA).

In its ruling, a division bench comprising Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal, issued a directive on Tuesday, stating that the authority will closely monitor the developer and third-party landowners to ensure strict compliance with their commitments that the total built up area will not exceed the prescribed limit of 20,000 square meters as per the notification issued by the Ministry of Environment and Forests in August 2014.

Furthermore, the government is entrusted with the responsibility of promptly reporting any violations of these commitments by landowners, which would constitute contempt of court.

The judges also clarified that the “construction permit does not absolve the developer and landowners from obtaining the necessary legal permissions. The authorities will rigorously oversee the process to ensure that all required permits are obtained before initiating any construction activities”.

The HC had imposed a construction ban in November of the previous year after reviewing Google images taken in 2015, 2018, and 2022, which displayed a significant reduction in green cover in the village. Additionally, a retired IFS officer, Dvijendra Kumar Sharma, was appointed as the court commissioner to conduct a physical inspection and submit a comprehensive report.

Birendra Singh, who sold his property to Jilling Estate in the 1980s, had filed the petition, apprising the court that 44 villas, helipads, resort cottages, and other structures were being erected in the area. Pankul Sharma

  • Published On Sep 8, 2023 at 12:00 PM IST

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