NEW DELHI: The Supreme Court has paved the way for the shifting of the Uttarakhand High Court from Nainital to Haldwani by setting aside the High Court’s order directing the holding of a referendum among lawyers and litigants to decide whether the High Court should be shifted.
Setting aside the 2024 High Court direction for a referendum, a Bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana observed that the High Court had “no business to pass such orders on the judicial side” and that the issue ought to have been resolved on the administrative side in consultation with the State government.
The Supreme Court had stayed the High Court’s direction for a referendum in May 2024.
Having paved the way for the relocation of the High Court, the Bench noted that the Uttarakhand government had already earmarked land at Haldwani for construction of the new High Court complex. It directed that the land be handed over to the High Court and that all necessary statutory clearances be granted within six weeks.
The High Court had ordered the referendum while hearing a plea filed by lawyers practising at Nainital, who were opposed to the proposed shifting of the High Court to Haldwani. The direction to hold a referendum was subsequently challenged before the Supreme Court by the High Court Bar Association.
In 2022, the Uttarakhand government had granted in-principle approval for shifting the High Court from Nainital to Haldwani. It had also identified and allotted land for construction of the new High Court complex. However, the High Court had declined to accept the proposed site on the ground that its development would require the felling of a large number of trees. Of the 26 hectares identified for the project, nearly 75 per cent of the land was stated to be covered with trees.
