Uttarakhand High Court Seeks Clarification From State Government on Settlement of Nepalese Citizens

PTI, May 21, 2026, Nainital : The Uttarakhand High Court on Thursday directed the state government to clarify its position through a fresh affidavit regarding the settlement of Nepalese citizens in the state, allegedly without valid permissions or travel documents.

A division bench comprising Chief Justice Manoj Kumar Gupta and Justice Subhash Upadhyay issued the direction while hearing a Public Interest Litigation (PIL) expressing concern over foreign nationals residing in Uttarakhand without proper documentation.

The court fixed the next hearing in the matter for three weeks later.

The PIL was filed in 2024 by Nainital resident Pawan Jatav, who alleged that several Nepalese citizens had obtained permanent residency in the state despite legal restrictions governing the purchase of land by foreign nationals.

According to the petition, these individuals allegedly purchased properties without obtaining mandatory permission from the Reserve Bank of India.

The state government submitted a counter-affidavit in response to the petition.

However, the High Court observed that the state had not specifically denied the allegations made in the PIL. The court further noted that the private respondents mentioned in the case continued to reside in Uttarakhand without valid documents.

The bench observed that the government had failed to present any concrete policy or action plan to address the issue and had merely referred to the registration of First Information Reports (FIRs).

In a supplementary affidavit, the state government justified the settlement of Nepalese citizens by citing Article 7 of the 1950 Indo-Nepal Treaty of Peace and Friendship, which grants reciprocal rights to citizens of both countries to reside in each other’s territory.

However, the High Court observed that Article 7 also envisages reciprocal privileges concerning residence, property ownership, trade, commerce, and movement for citizens of both India and Nepal.

The court pointed out that the state government had failed to clarify whether Indian citizens enjoy corresponding rights in Nepal and whether such provisions legally permit Nepalese citizens to settle in India without formal government approval.

The bench directed the state government to file a fresh affidavit addressing these issues in detail.