Nainital, The Uttarakhand High Court directed the state government to clarify its stance via an affidavit on Nepalese citizens settling in the state, allegedly without valid permissions.
A division bench of Chief Justice Manoj Kumar Gupta and Justice Subhash Upadhyay issued the directions on Thursday. The court heard a public interest litigation expressing concern over foreign nationals residing without valid travel documents.
The bench scheduled the next hearing for three weeks from today.
Nainital resident Pawan Jatav filed the PIL in 2024 and alleged that several Nepalese citizens obtained permanent residency in the state despite legal restrictions on foreign nationals buying land.
Jatav alleged that these individuals purchased properties without obtaining mandatory permission from the Reserve Bank of India. The state government filed a counter-affidavit in the matter.
The High Court observed that the state did not specifically deny the allegations in its affidavit. The court noted that private respondents continue to reside in the state without valid documents.
The bench said the government failed to outline a concrete policy or action plan to address the issue. The state only mentioned the registration of First Information Reports in its response.
The state justified the settlement in a supplementary affidavit by citing Article 7 of the 1950 Indo-Nepal Treaty of Peace and Friendship. The government stated that the treaty grants reciprocal rights to Nepalese citizens to reside in India.
However, the High Court observed that Article 7 envisages reciprocal privileges for citizens of both countries regarding residence, property ownership, trade, and movement.
The court noted that the state failed to clarify the corresponding rights granted to Indian citizens in Nepal. The bench stated that this clarification is necessary to determine if Nepalese citizens can settle without formal government permission.
The court directed the state government to file a fresh affidavit providing the required clarifications.
This article was generated from an automated news agency feed without modifications to text.
