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Uttarakhand High Court directs authorities to find permanent solution for areas prone to landslides

The Uttarakhand High Court recently heard a PIL filed by advocate Sayed Nadim Khurshid seeking directions to the respondents for preservation and conservation of the hill area adjacent to Baliyanala leading to the Jeolikote, as the area is a highly sensitive area of Nainital city. It is also prone to landslides, thereby putting human life at risk.

The division bench of Chief Justice Raghvendra Singh Chauhan and Justice Narayan Singh Dhanik made an observation that despite the report submitted by the Committee, no concrete action has been taken on its recommendations by the respondents to find out permanent solutions to the problem being faced by the Baliyanala area of Nainital city.

According to the report, the remedial measures were Drainage Measure in the Catchment, Toe Protection, Treatment of initiation zone at crown, Drainage Measure on Landslide Body, and Treatment through mechanical and bioengineering measures. The short term measures included evacuation and relocation of people, realignment of existing minor drains towards main water course of Baliyanala since water was oozing out from the lithological contact of dolomitic limestone and slates.

By an order dated September 26 2018, a coordinate bench had constituted a High Power Committee consisting of the director, Wadia Institute of Himalayan Geology, Dehradun, the director/additional director, Forest Research Institute, Dehradun, senior-most Professor (Civil Engineering) of Indian Institute of Technology, Roorkee, the chief engineer, Irrigation Department, State of Uttarakhand, and the chief engineer, Public Works Department, State of Uttarakhand.

The Committee was directed to meet on or before October 12, 2018 in order to find out permanent solutions to the problem being faced by the Baliyanala area of Nainital city.

In accordance with the order dated September 26, 2018, the Committee had submitted its report before the Government on November 20, 2018. In its report, the Committee had recommended certain remedial measures, both short term and long term.

Moreover, sources of spring water in the hillock are required to be identified. Furthermore, planting of trees and shrubs that will control and prevent further land erosion and landslide.

“However, despite the report submitted by the Committee, it seems that no concrete action has been taken on its recommendations by the respondents,” the Court observed .

Therefore, the Court directed the chief standing counsel to file a supplementary affidavit clearly revealing steps taken by them for implementing the recommendations made by the Committee in its report.

According to the petitioner, the Baliyanala area is a highly sensitive area of Nainital city. It is prone to landslides, thereby risking human life. In 1880, there was a massive landslide which had caused the death of over 100 people. Therefore, it is imperative that the Baliyanala area be fortified so as to prevent the occurrence of landslides in future.

The Court has granted two weeks’ time to file the said affidavit while posting the matter on November 17, 2021 for further hearing.

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