3 February vs Principal Secretary Forest And ...
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Uttarakhand High Court

3 February vs Principal Secretary Forest And ... on 13 February, 2026

                                                          2026:UHC:928-DB
 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

THE HON'BLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA
                                 AND
   THE HON'BLE JUSTICE MR. SUBHASH UPADHYAY
                Writ Petition (PIL) No.171 of 2025
                            13 February, 2026


  Suo Motu PIL: In Re forceful and illegal eviction of domiciled
  villagers of Lakhanmandi

                                                             --Petitioner
                                  Versus

  Principal Secretary Forest and Environment and Others
                                                         --Respondents
  ----------------------------------------------------------------------
  Presence:-
  Mr. Bhuwan Chandra Pokhariya, learned counsel for the petitioner.
  Mr. Yogesh Chandra Tiwari, learned Standing Counsel for the State
  of Uttarkahand.
  ----------------------------------------------------------------------
  JUDGMENT :

(per Mr. Manoj Kumar Gupta C. J.)

1. On a letter petition signed by 126 persons

addressed to the Chief Justice, the present Suo Motu PIL

was registered.

2. The main substance in the complaint was that

one Harish Pokhariya and 800 families are living in village

Lakhanmandi, Dubelbaira, Chorgalia, District Nainital for

the last several years. They are stated to be hutment

dwellers. It is alleged that on 07.08.2025, the authorities

came with force and bulldozer and tried to demolish the

huts of the villagers and evict them. When the villagers

requested for 45 days' time till 30.09.2025, SDO

Haldwani granted only 15 days time. He also registered

false FIR against them.

2026:UHC:928-DB

3. Considering the allegations made in the

complaint, by order dated 11.12.2025, notice was issued

to Bhuwan Chandra Pokhariya, who had filed the

complaint.

4. Today, when the matter is taken up, Bhuwan

Chandra Pokhariya is present in person, and has

addressed the Court. He submitted that the respondents

in a high handed manner armed with force and bulldozers

tried to evict Harish Pokhariya and other villagers without

any authority of law. He submitted that action of the

respondents has resulted in gross violation of the

fundamental rights of the villagers. He has placed

reliance on order dated 18.08.2025 passed by a Co-

ordinate Bench in WPPIL No.155 of 2025 wherein right of

forest dwellers is being examined and in context of which

the following observations came to be made:

"5. This Court had already in a related matter initiated by one of the private person seeking protection of his landholding in the forest and his right to continue agriculture in those lands, had summoned the P.C.C.F. (HoFF) and had orally called upon the P.C.C.F. to formulate an action plan, in consultation with the Uttarakhand State Legal Services Authority, and submit the same to the Court.

6. No action plan is forthcoming. Probably, as the same was not recorded, the P.C.C.F. has probably given a go-by to the matter. In view of the instant PIL, the issue requires to be addressed with all earnestness it requires.

7. It is submitted by learned counsel for the petitioner that the rights conferred upon forest dwellers, tribals and others under the Act of 2006, have not been publicized sufficiently by the State and that, most of the forest dwellers are either ignorant or not alive to the fact of the statutory rights conferred upon them and there has been hardly any movement to enlighten

2026:UHC:928-DB the forest dwellers about the requirements under the Act.

8. In that view, we direct the P.C.C.F. (HoFF) to place before the Court, the list of a persons dwelling on the forest land including tribals, VanGujars, who are residing in the forest and carrying on cultivation, grazing of cattle and etc. in areas notified as forest land. The information may be secured from the concerned Range Officer.

9. List this case on 15.09.2025.

10. It is made clear that the P.C.C.F. (HoFF) shall abide by the assurance given to this Court with regard to the eviction of the forest dwellers, tribals, Gujjars and others."

5. A counter affidavit has been filed by the

Divisional Forest Officer, Haldwani on behalf of the

respondents. The stand taken therein is that the present

PIL is not a bonafide petition nor the complainant is a

bonifide public-spirited citizen. He is closely related to

Harish Pokhariya, whose cause is being espoused in the

instant petition.

6. It is contended that in view of the above, the

present petition is nothing but a misuse of PIL

jurisdiction.

7. The further stand taken in the counter affidavit

is that the Forest Range Officer, Nandhaur Range,

Haldwani Forest Division, Haldwani vide letter dated

29.08.2023 informed the Divisional Forest Officer,

Haldwani Forest Division, Haldwani that Harish Pokhariya

had illegally occupied over 0.50 hectare Forest Land

situated in Nandhaur Block-1 which is a Reserved Forest

Notified under Section 20 of Indian Forest Act, 1927 vide

Notification dated 18.01.1966.