Authority: Supreme Court of India, Civil Appellate Jurisdiction

Order Date: July 16, 2026

Case Overview

  • Parties: Appellant – Birendra Singh (and other appellants) vs. Union of India & others (respondents); Private respondents – Devanya Hotel and Resorts Pvt. Ltd. (also referred to as Devanya Private Ltd.).
  • Appeals: Civil Appeal No. 6568 of 2024 (originating from Writ Petition (PIL) No. 44 of 2020) and Civil Appeal No. 9938 of 2024 (originating from Writ Petition (PIL) No. 141 of 2023).
  • Location: Guni Gaon Gram Sabha, District Nainital, State of Uttarakhand.
  • Relief Sought: Appellants sought a mandamus directing the Union of India and the State of Uttarakhand to permanently restrain the private respondents from proceeding with the “Devanya” commercial project and to ensure that no commercial project of any size commences in Uttarakhand without requisite legal permission and a comprehensive Environment Impact Assessment (EIA). The second appeal additionally sought restraint on construction activities, demolition of all structures (including roads and gates) on Van Panchayat forest land, and removal of any encroachments.
  • Allegations: Appellants allege that the private respondents are undertaking construction without environmental clearances or approved building plans, have felled a large number of native trees, and have encroached upon pristine forest and deemed‑forest land, causing massive ecological damage. The private respondents, represented by senior counsel Mr. Sushil Salwan, contend that inspections by Court Commissioners, the Sub‑Divisional Magistrate, and State forest officials have found no forest encroachment or illegal tree felling.
  • Legal Issue: Whether the land in question qualifies as ‘deemed forest’ under the applicable definition and whether construction can proceed without environmental clearances and approved building plans.
  • Relevant Statutory Context: The State of Uttarakhand had, by notification dated 19 February 2020, reduced the minimum tree‑cover area defining a deemed forest from 10 hectares to 5 hectares. This notification is currently stayed pending consideration in Writ Petition (PIL) No. 209 of 2019 before the High Court of Uttarakhand.

Final Outcome

  • The Court directs the Central Empowered Committee (CEC), constituted under the Environment (Protection) Act, 1986, to nominate a competent official to conduct an extensive, independent survey of the disputed area.
  • The survey must examine:

1. Whether the project can proceed without environmental clearances and approved building plans.

2. Any felling of trees, destruction of forest cover, or encroachment on Government lands, especially concerning the approach roads.

3. The comparative status of tree cover over the last ten years.

  • The CEC shall submit a detailed sealed report to the Court within three weeks of the order.
  • The appellants and the private respondents are instructed to provide all necessary documents and details to the CEC.
  • Officials of the Forest and Revenue Departments of Uttarakhand, along with the Police Department and District Administration, must cooperate and provide requisite facilities to the CEC.
  • The expenditure incurred for the survey shall be borne equally by the appellants and the private respondents in a 50:50 ratio, with the CEC indicating the cost to the Court.
  • The Registry is directed to communicate a copy of this order to the CEC forthwith.
  • The matter is listed for further hearing on 9 September 2026.

Topics: Environmental Clearance, Forest Encroachment