The Supreme Court of India has set aside an order from the Uttarakhand High Court that called for a referendum among lawyers and litigants to determine whether the High Court should be relocated from Nainital. This decision was made in the case of High Court Bar Association vs State of Uttarakhand and ors.
In May 2024, the Uttarakhand High Court had instructed the State’s Chief Secretary to identify a suitable location for the new High Court premises, complete with residential accommodations, conference chambers, and parking facilities. However, a bench consisting of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana ruled that such directives should not have been issued by the High Court on its judicial side.
“The High Court has no business to pass such orders on the judicial side,” stated the Supreme Court, emphasizing that these matters should be resolved on the administrative side, in cooperation with the State government. With the State government already having earmarked land for the High Court’s construction in Haldwani, the Supreme Court instructed that all necessary clearances be completed within six weeks.
The relocation of the Uttarakhand High Court has been a topic of discussion since the Uttarakhand cabinet granted in-principle approval for the move from Nainital to Haldwani in 2022. However, the High Court initially rejected the proposed land due to environmental concerns, as the area identified by the State government covered 26 hectares, 75% of which was densely forested.
In response to opposition from Nainital lawyers regarding the relocation, the High Court had ordered a referendum, a decision that was subsequently challenged by the High Court Bar Association and stayed by the Supreme Court in May 2024. With today’s ruling, the Supreme Court has cleared the path for the High Court’s relocation to Haldwani.
