GANGA SINGH NEGI vs STATE OF UTTARAKHAND

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Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

WPPIL/158/2026
Ganga Singh Negi --Petitioner
Versus
State of Uttarakhand and others. --Respondents
Hon'ble Manoj Kumar Tiwari, A.C.J.
Hon'ble Subhash Upadhyay, J.
1. Sri Dushyant Mainali, learned counsel for
petitioner.
2. Sri Rajeev Singh Bisht, learned Deputy
Advocate General with Sri S.M.S. Mehta, learned
Standing Counsel for the State of Uttarakhand.
3. According to petitioner, in Village Chukam,
04.11.2
026
Tehsil Ramnagar, District Nainital, 70% of the
total area of the land has been washed away due
to floods in Kosi river and since that village is in
close proximity of Jim Corbett National Park,
therefore there is imminent threat of human-
animal conflict also.
4. Learned counsel for petitioner has drawn
attention of this Court to documents, enclosed
with the writ petition, which reveal that efforts are
on to rehabilitate the residents of that village at
some other place. Reference is made to the report
of a Joint Committee, comprising Sub-Divisional
Magistrate, Tehsilar, Revenue Inspector and
Revenue Sub-Inspector, which was submitted to
District Magistrate, Nainital vide letter dated
20.12.2024.
5. Perusal of the report reveals that for
rehabilitating residents of Village-Chukham and
part of Village Amarpur, 45 hectare land would be

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needed and for that purpose, forest land
comprised in Plot No. 50 in Aampokhra range
was identified.
6. Learned State Counsel, however, by
referring to another report submitted to District
Magistrate on 08.11.2024, submits that there are
total 97 families residing in Village Chukam, out
of which 45 belong to SC category and out of
which, 22 were found to be unauthorized
occupants. Similarly, he submits that there are 52
families belonging to General category, out of
which, only 8 were unauthorized occupants and
other 44 were found to be owner of the land. He
further submits that there is a proposal to
rehabilitate all residents of Village Chukam and
Amarpur; those having valid title over the land
would be allotted equal land at some other place,
while those, who were found to be in
unauthorized occupation, will be allotted only 250
sq. meter land for residential purpose.
7. Learned counsel for petitioner, however,
submits that files have been moving since 1993
but nothing concrete has happened for
rehabilitation of residents of Village Chukam
since 1993. He submits that Geologists have
opined that Chukam village has become unsafe
for human habitation and some major catastrophe
may strike the village any time.
8. Learned State Counsel submits that
proposal for diversion of forest land for

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rehabilitating the residents of Village Chukham is
being prepared since 2024.
9. Having regard to the seriousness of the
matter, we dispose of the writ petition with a
direction to Secretary, Forest, Government of
Uttarakhand to prepare and complete the
proposal for diversion of forest land and upload it
on PARIVESH portal within four weeks. The
competent Authority / Regional Empowered
Committee shall consider the matter and pass
appropriate order on the proposal, as per law
within three months from the date of uploading of
the proposal in the portal.
10. The State Government shall, thereafter,
immediately take effective steps for rehabilitating
the residents of Village Chukam and part of
Village Amarpur at appropriate places, without
any further delay.
11. Pending application, if any, also stands
disposed of.



(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, A.C.J.)
04.11.2026 04.11.2026
Rathour















Digitally signed by PRAVINDRA SINGH RATHOUR
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH
COURT OF UTTARAKHAND,
2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e3aeb109
7d17dbb53d481cabd25946eed, postalCode=263001,
st=UTTARAKHAND,
serialNumber=1F65499E931DF71CDAF92A40CC6179B8
E010331BA695239171F906FD5C45C4E8,
cn=PRAVINDRA SINGH RATHOUR
Date: 2026.11.04 17:23:14 +05'30'
PRAVINDRA
SINGH RATHOUR

UKHC010198132026

2026:UHC:10166-DB