Jadh Bhotiya Jankalyan Samiti vs Union Of India Through Secretary
2026 Latest Caselaw 1274 UK

Uttarakhand High Court

Jadh Bhotiya Jankalyan Samiti vs Union Of India Through Secretary on 19 February, 2026

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                  WPMS No.379 of 2026
                                  Jadh Bhotiya Jankalyan Samiti                             ............Petitioner
                                                             Vs.
                                  Union of India through Secretary
                                  Ministry of Defence and others                       .............Respondents

                                  Hon'ble Pankaj Purohit, J.

Mr. Shobhit Sharia and Mr. Imraj Singh Rautela, Advocates for the petitioner.

2. Mr. Pankaj Chaturvedi, C.G.S.C. for the Union of India/respondent nos.1 and 2.

3. Mr. Anil K. Dabral, Addl. C.S.C. with Mr. Suyash Pant, S.C. for the State.

4. This writ petition has been filed under Article 226 of the Constitution of India, whereby the petitioner has sought the following reliefs:-

"i. Issue a writ, order, or direction in the nature of mandamus commanding the Respondents to initiate appropriate proceedings for rehabilitation, resettlement, and compensation along with interest of the displaced residents of Nelong village in accordance with law within shortest possible time period, in light of the fact that Tribals of bordering area village Nelong have been forcefully displaced since 1960s and their land and properties are being occupied without any authority of law for last more than 65 years and further to allow them to reclaim and redevelop their village Nelong as a vibrant village. ii. Issue a writ or direction in the nature of mandamus directing the Respondents to undertake the acquisition of land, occupied without any authority of law, undertaking due process of law, for land of village Nelong presently under occupation of Defence/Forest Department and other authorities and also to pay damages and compensation along with interest for illegal occupation of land for over 65 years.

iii. Issue a writ or direction in the nature of mandamus directing the Respondents to consider the Petitioners' representations for development of Nelong as Vibrant Villages and to formulate a comprehensive resettlement plan."

5. Learned counsel for the petitioner submits that in the year 1965, due to Chinese aggression in the Nelong Valley, the members of the petitioner's society were evacuated. Neither were they paid any compensation, nor has their land - still recorded in the names of the members of the petitioner's society - ever been acquired by the State Government or the Defence authorities.

6. Learned counsel for the petitioner further submits that the members of the petitioner's society were issued permits to graze their sheep over the aforesaid land, which, in fact, belongs to them.

7. By means of the present writ petition, the petitioner seeks resettlement of its members in their villages in the Nelong Valley.

8. He further submits that such resettlement would also be in the interest of the safety and security of the country.

9. Learned counsel for the respondents raised a preliminary objection that the writ petition is barred by latches, as the petitioner has approached this Court after so many years.

10. In reply to the preliminary objection raised by learned counsel for the respondents, learned counsel for the petitioner submits that the lands of the villagers belonging to the members of the petitioner's society are presently under occupation by various Government agencies, namely, the Indian Army, I.T.B.P., and the Civil Police. He further submits that, pursuant to assurances given by the Central Government, the petitioner society initiated correspondence with the respondents.

11. He further submits that the members of the

petitioner's society belong to the Scheduled Tribes and that their livelihood depends upon traditional occupations, including sheep grazing.

12. Having considered the submissions made by learned counsel for the parties, this Court deems it appropriate to direct the respondents to file their counter affidavits.

13. The matter requires detailed consideration to decide the issues raised in the present writ petition. However, the question of limitation is left open.

14. Accordingly, learned counsel for the respondent(s) are directed to file their counter-affidavit(s) within two weeks.

15. List this case on 04.05.2026.

16. The Registry is also directed to reflect the name of Mr. Pankaj Chaturvedi, Advocate, as counsel for respondent nos.1 and 2.

(Pankaj Purohit, J.) 19.02.2026 SK