[Cites 0, Cited by 0]
Uttarakhand High Court
Lake And To Stop Concretization vs State Of Uttarakhand And Others on 8 December, 2025
2025:UHC:10891-DB
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON'BLE CHIEF JUSTICE MR. G. NARENDAR
AND
THE HON'BLE JUSTICE MR. SUBHASH UPADHYAY
Writ Petition (PIL) No.19 of 2022
8 December, 2025
Suo Motu PIL: In The Matter of Preservation of Sukhatal
Lake and to Stop Concretization
--Petitioner
Versus
State of Uttarakhand and Others --Respondents
----------------------------------------------------------------------
Presence:-
Mr. Dr. K.H. Gupta, learned Amicus Curiae for the petitioner.
Mr. B.S. Parihar, learned Addl. C.S.C. for the State of
Uttarakhand.
Mr. Shobhit Saharia, learned counsel for the KMVN.
Ms. Annanya Jain, learned counsel holding brief of Mr. Sandeep
Kothari, learned counsel for the District Level Development
Authority Nainital.
Dr. Aman Rab, learned counsel for the SEIAA and State Wetlands
Authority.
----------------------------------------------------------------------
JUDGMENT:
(per Subhash Upadhyay, J.)
The present suo motu PIL was registered on
a letter dated 16.12.2021 sent by Dr. Anil Bisht,
Professor (Retd.), Kumaon University. The said letter
was supported by the signatures of 104 persons
regarding preservation of Sukhatal Lake and to stop
concretization and other unscientific activities in
Sukhatal Lake. A Co-ordinate Bench of this Court vide
order dated 21.08.2023 directed all the District
Magistrates to respond to the communication issued by
2025:UHC:10891-DB
the Wetlands Authority and in pursuance to the said
directions all the District Magistrates filed their status
report. Paragraph no.3 and 4 of the said status report
reads as under:-
"3 That it is submitted that the present Writ Petition
(PIL) was lastly listed before the Hon'ble Court on 21-
8-2023 and the Hon'ble Court after hearing the parties
at length was pleased to direct the State to file the
status report on the aspect-whether the District
Magistrates have responded to the communications
issued by the State Wetlands Authority dated 21-11-
2020, 18-2-2021 and 2-8-2021, which are addressed
to the Chairpersons of the District Level Technical
Committee, of with the District Magistrate is the
Chairperson.
4. That in compliance of the aforesaid direction of this
Hon'ble Court, the reports as provided by the District
Magistrates of the State of Uttarakhand are collectively
being filed herewith for the kind consideration of this
Hon'ble Court, the details of which is given in a tabular
form as under:-
S. No. District Report
1 Almora There are three wetlands in
District Almora, namely (1)-
Bhaludam; (2)-Ranijheel,
(3)-Tadagtaal. The
information in relation
Ranijheel to and a
Tadagtaal is received in
prescribed format, but in
relation letter dated 14-9-
2023 that the Bhaludam is
situated under the Category
A-1 land under the
ownership of the Army,
therefore, letter has been
sent to the ADAM
Commandant KRC Ranikhet
for providing the
information in a prescribed
format. Besides this,
directions have been issued
to all the concerned to
submit the report before the
Committee if any other
wetland will be found.
2 Bageshwar As per the report submitted
by the District Magistrate,
2025:UHC:10891-DB
Bageshwar there is no
wetland except forest area
in District Bageshwar.
3 Chamoli As per the report submitted
by the District Magistrate,
Chamoli there is no wetland
in the revenue area of
District Chamoli, whereas
there are 24 wetlands under
the unreserved forest and
reserved forest of District
Chamoli.
4 Champawat As per the report submitted
by the District Magistrate,
Champawat there is 01
wetland at Shayamlatall
area in Tehsil Purnagiri.
5 Dehradun As per the report submitted
by the District Magistrate,
Dehradun there are
different wetlands situated
in the area of (1)-Asan
Barrage (Dhalipur Lake) and
(2)- Nadi Asan (river Asan).
6 Haridwar A per the report of District
Magistrate, Haridwar there
are total 31 wetlands out of
which 04 are situated in the
forest area and 27 are
marked in the revenue area
of the District.
7 Nainital As per the report of the
District Magistrate, Nainital
there are 02 wetlands
namely (1)-Sukhataal and
(2)-Dakshini Pataakote,
Kaksha Sankya-2Aa,
Ramnagar, District Nainital.
8 Pithoragarh As per the report of the
District Magistrate,
Pithoragarh there are 07
wetlands namely (1)-
Thamrikund; (2)-
Chiplakund; (3)-Gaurikund;
(4)-Parvatikund; (5)-
Hardevalkund; (6)-
Asurkund and (7)-
Patotikund.
2025:UHC:10891-DB
9 Pauri As reveals from the report
Garhwal of the District Magistrate,
Pauri Garhwal there exist 19
wetlands in forest areas of
the District.
10 Rudraprayag As per the report of the
District Magistrate,
Rudraprayag there are 29
wetlands, out of which for
01 wetland situated at
Badhanitaal the proposal/
record has been sent to the
Uttarakhand State Level
Authority for its notification
under the Wetland
Conservation &
Management Rules, 2017.
11 Tehri As per the report of the
Garhwal District Magistrate, Tehri
Garhwal the information
about the wetlands is 'NIL'
except the report of Tehri
Forest Division which
reveals that there are 05
wetlands.
12 Udham As reveals from the report
Singh Nagar of the District Magistrate,
Udham Singh Nagar there
are 35 wetlands, out of
which 21 wetlands are
situated in the forest area
and 14 wetlands areas are
situated in the revenue
areas of the District.
13 Uttarkashi As per the report of the
District Magistrate,
Uttarkashi there are 25
wetlands which are situated
in the reserve forest and
conserve forest areas of
District Uttarkashi and there
is no wetland in the revenue
areas of District Uttarkashi"
2. Co-ordinate Bench of this Court vide order
dated 25.09.2023 has passed the following order:-
"7. In Paragraph No.4 of the status report, he states
that the District Magistrates of all the 13 districts have
2025:UHC:10891-DB
submitted their respective reports being Chairpersons
of the District Level Technical Committee to the State
Wetlands Authority.
8. Dr. Rab states that now the State Level Technical
Committee shall examine the proposal, and after such
examination, it may recommend to the Government for
declaration of the Wetlands by the State of the
concerned area.
9. Insofar as the Sukhatal and Dakshini Pataakote,
Kaksha Sankya-2Aa, Ramnagar, District Nainital, are
concerned, the District Magistrate Nainital has
submitted a report recommending that they be
declared the Wetlands.
10. Let the State Level Technical Committee examine
the reports submitted by the District Level Technical
Committee within one month, as prayed for.
11. Recommendations of the State Level Technical
Committee be forwarded to the State Government,
which shall, thereafter, consider the reports and
recommendations and proceed in accordance with law.
12. Keeping in view the fact that the District Level
Technical Committee has recommended the declaration
of Sukhatal and Dakshini Pataakote, Kaksha Sankya-
2Aa, Ramnagar, District Nainital, as Wetlands, we are
inclined to direct their preservation in the same
manner, in which Wetlands are required to be
maintained, and preserved under the Wetlands
(Conservation and Management) Rules, 2017, and in
particular, in accordance with Rule 4 thereof.
13. We, accordingly, direct the State to ensure
compliance of Rule 4 in relation to Sukhatal and
Dakshini Pataakote, Kaksha Sankya-2Aa, Ramnagar,
District Nainital, in the meantime."
3. Further on 30.04.2024, the following order
2025:UHC:10891-DB
was passed by Co-ordinate Bench of this Court.
Paragraph no.6 of the said order reads as under:-
"6. Learned counsel for the respondent-DLDA will file a
supplementary affidavit within four weeks explaining
therein as to how to preserve this lake under the
Wetlands (Conservation and Management) Rules, 2017,
in accordance with Rule 4 thereof, and how this lake
can be beautified."
4. On 07.11.2025, this Court directed the
District Level Development Authority (DLDA) to file
status report with regard to the beautification of the
Sukhatal Lake as directed by the Court vide order dated
30.04.2024. In compliance of the said order, a status
report has been filed by the District Level Development
Authority wherein it has been stated that the
construction work has been completed and the process
of handing over the project (beautification of the
Sukhatal Lake) is under consideration.
5. Learned counsel for the respondent (DLDA)
as such would submit that as the beautification work of
the Sukhatal Lake has been carried out as such the
present PIL can be closed. It has further been
submitted that so far as the directions issued by the
Court on 25.09.2023 for the preservation of the
wetland under the Wetlands (Conservation and
Management) Rules 2017, more particularly, Rule 4 is
concerned, the District Level Committees have already
submitted the report to the State Level Technical
Committee and the recommendation of the State Level
Technical Committee can be considered by the State
Government and the State Government can be directed
2025:UHC:10891-DB
to take a decision on the said recommendations.
6. Learned counsel for the petitioner and
counsel for the other respondents also have no
objection to the said submission made by learned
counsel for the respondent (DLDA).
7. Having heard learned counsel for the parties,
this Court is of the considered view that the present PIL
can be disposed of with the following directions:-
1. The State Level Technical Committee
shall examine the report submitted by the
District Level Technical Committee(s) and the
recommendation shall be forwarded to the
State Government within four weeks from
today.
2. The State Government shall consider the
report submitted by the State Level Technical
Committee and take a decision as per the
Wetlands (Conservation and Management)
Rules 2017, more particularly, in accordance
with Rule 4 thereof, for entire State within a
period of six weeks thereafter.
3. The respondent authority (DLDA) shall
take further necessary steps for the proper
maintenance of the work done for the
beautification of the Sukhatal Lake and shall
ensure that no encroachment takes place
near or on the constructed side at the
Sukhatal Lake.
4. The District Administration and the
2025:UHC:10891-DB
respondent authorities shall take necessary
steps for developing the Sukhatal Lake so
that the public at large, which visits Nainital,
can be diverted from the main city towards
the Sukhatal Lake.
8. With the above directions, the present writ
petition stands disposed of.
(G. NARENDAR, C.J.)
(SUBHASH UPADHAYA, J.)
Dated: 08.12.2025
Sukhbant
SUKHBANT
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH
2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a
8a6380d49b1885e628615, postalCode=263001,
SINGH
st=UTTARAKHAND,
serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7
D72C42261361AED33172F152148D, cn=SUKHBANT SINGH
Date: 2025.12.15 10:23:30 +05'30'
