01Facts
The petitioner alleged that floods in the Kosi River had washed away approximately 70% of the land in Village Chukam, and that the village’s proximity to Jim Corbett National Park created a risk of human-animal conflict
¶ 3A joint committee had reported that 45 hectares would be required to rehabilitate residents of Chukam and part of Amarpur, identifying forest land in Plot No. 50, Aampokhra Range for that purpose
¶ 4–5The State referred to a separate report identifying 97 families in Chukam, including residents classified as unauthorized occupants, and stated that a rehabilitation proposal was being prepared
¶ 6, 8The petitioner submitted that rehabilitation efforts had been pending since 1993 and that geologists had considered the village unsafe for habitation
¶ 702Issues
i.Whether the State should be directed to complete and submit a proposal for diversion of forest land for the rehabilitation of residents of Chukam and part of Amarpur
¶ 5, 8–9ii.Whether the State should take steps to rehabilitate those residents after consideration of the forest-land diversion proposal
¶ 7, 9–1003Law Applied
The judgment cites no specific statute, precedent, or articulated legal test.
It directs that the competent authority or Regional Empowered Committee consider the forest-land diversion proposal and pass an appropriate order “as per law”.
¶ 904Reasoning
Given the alleged loss of land, the reported safety concerns, and the longstanding delay in rehabilitation, the Court considered the matter serious enough to require a firm timetable.
¶ 3, 7, 9It directed the Secretary, Forest, to complete and upload the diversion proposal, leaving its merits to the competent authority or Regional Empowered Committee for decision according to law.
¶ 9It then required the State Government to take effective rehabilitation steps without further delay.
¶ 1005Holding
The Court disposed of the writ petition, directing the Secretary, Forest, Government of Uttarakhand, to complete and upload the forest-land diversion proposal on the PARIVESH portal within four weeks; the competent authority or Regional Empowered Committee must decide it within three months of upload.
¶ 9The State Government must thereafter take effective steps to rehabilitate residents of Chukam and part of Amarpur at appropriate places without further delay.
¶ 10Any pending applications were also disposed of.
¶ 11Original Court PDF
GANGA SINGH NEGIvsSTATE OF UTTARAKHAND
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