Supreme Court green lights shifting Uttarakhand HC to Haldwani; sets aside direction to hold referendum

The Supreme Court of India on Wednesday set aside a Uttarakhand High Court order directing a referendum among lawyers and litigants to decide whether the High Court should be shifted from Nainital to another location [High Court Bar Association vs State of Uttarakhand and ors].

The High Court in May 2024 had also ordered the State Chief Secretary to locate the best suitable land for establishment of High Court and residential accommodations, conference chambers and parking space.

However, a Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana today said the High Court could not have passed such direction on the judicial sides.

"High court has no business to pass such orders on the judicial side," the Court said.

It added that the High Court was to resolve the issues on administrative side in consultation with the State government.

Considering that the State government has already earmarked land for construction of the High Court in Haldwani, the Court directed that all clearances be given in six weeks.

"Let the land be handed over to the High Court," the top court said.

The Uttarakhand cabinet had given its in-principle approval to shift Uttarakhand High Court from Nainital to Haldwani in 2022.

However, the High Court later declined to accept the land identified and allocated by the State government since it would have led to felling of a large number of trees.

The State had identified 26 hectares for the construction of the High Court but 75% of land was stated to be full of trees.

In 2024, the High Court ordered a referendum after Nainital lawyers opposed the move to shift the High Court. The order was then challenged by the High Court Bar Association.

The top court stayed its implementation in May 2024.

The apex court today set aside the High Court order thereby, paving the way for shifting the High Court to Haldwani.