Court affirms that the land is not forest land following a joint survey report by the Forest and Revenue authorities.
In a significant ruling, the Uttarakhand High Court dismissed a Public Interest Litigation (PIL) filed by advocate Vikesh Singh Negi challenging the construction of a war memorial, 'Sainya Dham,' in Guniyal Gaon, District Dehradun. The petitioner had contended that the land designated for the memorial was forest land and thus could not be used for non-forest purposes without requisite clearances under the Forest (Conservation) Act, 1980.
The division bench, comprising Justices Manoj Kumar Tiwari and Subhash Upadhyay, delivered the judgment on January 8, 2026, after reviewing the joint survey report conducted by the Forest and Revenue authorities. The report, which played a pivotal role in the court's decision, confirmed that the land in question does not constitute forest land. It was further noted that the Forest authorities had no objections to the memorial's construction.
The court observed that the construction of the war memorial began in 2021 and is now nearing completion, with an inauguration planned in the upcoming months. Given these circumstances, the bench found no legal basis to halt the project, as the petitioner's claims of the land being forest land were unsubstantiated by the joint survey findings.
The petitioner had sought multiple directives, including the cessation of construction activities, the transfer of land to the Forest Department, and the initiation of inquiries into the alleged illegal reclassification of forest land. However, the court found no merit in these requests, citing the clear certification of the land's status by competent authorities.
Ultimately, the court concluded that there was no scope for interference, and the petition was dismissed. The ruling underscores the importance of thorough verification by authorities and the reliance on factual reports in adjudicating disputes involving environmental and land use issues.
Bottom Line:
Writ petition challenging construction of war memorial on alleged forest land dismissed as the joint survey report by Forest and Revenue authorities clarified that the land is not forest land and forest authorities raised no objections.
Statutory provision(s): Forest (Conservation) Act, 1980
Vikesh Singh Negi v. State of Uttarakhand, (Uttarakhand)(DB) : Law Finder Doc id # 2836597
