Uttarakhand HC seeks opinion of public, lawyers over shifting of HC from Nainital

The Uttarakhand high court (HC) has sought opinion of people, litigants and lawyers from across the state on shifting the Uttarakhand HC from Nainital to some other place in the state.

Under this first-ever exercise, which started on Tuesday and will continue till May 31, the public, litigants and lawyers have been asked to give their opinion on shifting on its website.

In its May 8 order, the HC had directed the state government to locate suitable land for shifting the high court from Nainital.

The court had also directed the state government to complete the entire exercise within a month and submit a report to the court by June 6.

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The court also directed registrar general of the court to open a portal by May 14, where lawyers and people across the state are free to give their choice. This option will be available till May 31.

The HC order also stated that the “High Court Bar Association may also suggest of the land for shifting of the High Court”.

It also constituted a committee headed by the registrar general of Uttarakhand HC, which after going through opinions, will submit its report by June 7, 2024, to HC in a sealed cover.

The matter has been scheduled for the next hearing on June 25, 2024.

While giving reasons for the need to shift the HC from Nainital, the division bench of Chief Justice Ritu Bahri and Justice Rakesh Thapliyal on May 8, stated in its order, “26 hectares of land has been offered to the High Court at Golapar in Haldwani for making the new High Court. Out of this 26 hectares of land, 75% of land is full of trees. So, the Court does not want to uproot any of the trees to make a new High Court. Keeping in view the above fact, we are not using that land”.

“Every institution is established with a vision to remain established for a long period, therefore, we also want that High Court should be established at a new location so that there will be no need to shift it again in the next 50 years. Keeping in view the larger public interest, hardships faced by litigants and young lawyers, lack of medical facilities and connectivity and the fact that in more than 75% of the cases, state government is party and government has to spend a huge amount on their TA & DA, shifting of High Court from Nainital is required,” the court said.

On May 31 last year, the state cabinet approved the transfer of 26.08 hectares of forest land in Haldwani for the shifting of the Uttarakhand high court from Nainital to Haldwani’s Gaulapar area.

Earlier on March 24 last year, the Central government had given in-principle consent to shift the Uttarakhand HC from Nainital to Haldwani.