the ecology of the State.

Transcription

1 BEFORE THE NTIONL GREEN TRIBUNL, PRINCIPL BENCH, NEW DELHI Original pplication No. 635 of 2017 Ramesh Chand Vs. State of Himachal Pradesh & Ors. CORM : HON BLE MR. JUSTICE DRSH KUMR GOEL, CHIRPERSON HON BLE MR. JUSTICE S.P. WNGDI, JUDICIL MEMBER HON BLE DR. NGIN NND, EXPERT MEMBER Present: pplicant : Mr. ditya Dhawa and Ms. Kiran Dhawan, dvs. Respondents Mr. Manish Kumar, dv. for State of Himachal Pradesh Dr. Sarbjit Sharma, dv. for State of Himachal Pradesh Ms. Sakshi Popli, dv. for Mr. Divya Prakash Pandey, dv. for HPPCB Date and Remarks Orders of the Tribunal 1. This application considered the concerns expressed in these proceedings against severe degradation of environment in Kullu and Manali areas of the State of Himachal Pradesh. It was alleged that the consent to various projects was freely given in the area in violation of the Water (Prevention and Control of Pollution) ct, 1974 and ir (Prevention and Control of Pollution) ct, 1981 and encroachments of forest land was freely allowed in connivance with the concerned uthorities. Constructions were allowed to be raised without sanctioned plans or in violation of the sanctioned plans. Constructions were also allowed to be raised within the prohibited range on the banks of rivers Beas and Ravi. Such constructions included hotels, industries and shops. Constructions were in violation of law laid down in M.C. Mehta Vs. Kamal Nath & Ors (1) SCC 388. This posed severe threat of the ecology of the State. 1

2 2. fter thorough consideration of this matter on , the Tribunal directed action to be taken to restore the environment by demolishing illegal constructions. Direction was also issued to take disciplinary action against public servants who have failed to perform their duties or who committed other misconduct. It was noted that area falls in seismic zone V and is ecologically fragile and the area in question has far exceeded its carrying capacity in terms of air, land water which has put a tremendous spam on the natural resources. 3. The matter was again considered on It was observed that the State cannot claim luxury of seeking time repeatedly without performing its constitutional and statutory duties. Finding unsatisfactory state of affairs, it was observed that meaningful action plan and further action is necessary in a time bound manner. 4. On , while the adjourning the matter for two months, it was observed that if directions of the Tribunal are not complied with, the Chief Secretary of State of Himachal Pradesh will be personally accountable and will be required to be present in person. 5. During the course of hearing today, an ffidavit of compliance has been filed by the Special Secretary, Town and Country Planning stating that 697 commercial establishments has been inspected and joint inspection report in respect of the 576 Units have been filed. It is 2

3 stated that this is in addition to the inspection report of 121 units already filed. It is also stated that State has initiated process of preparation of Development Plan. This will be based on the latest satellite imageries and basemap to be made available by NRSC (National Remote Sensing Center) Hyderabad. The plan would be finalized by March, The report dated , annexed to the affidavit, has a column of recommendations. There are also columns showing encroachments of statutory consent clearance and deviations from the Town and Country Byelaws. 7. We expect that action must be forthwith taken for the violations which stand established in the above report by States instrumentalities, including the State of Himachal Pradesh. 8. We are also of the view that it is high time that carrying capacity assessment of ecological sensitive and geologically fragile areas, particularly Manali and Mcleodganj is carried out within three months. This may be done by the following Special Expert Committee:- 1. n Expert of Ecology from G.P. Pant Institute, lmora, Uttarakhand to be nominated by the Director of Institute. 2. Chief Town Planner, Shimla or senior rchitect (Planner) from PWD. 3. senior Scientist from MOEF&CC, to be nominated by the Secretary, MOEF&CC. 4. senior Scientist from the Indian Council of Forestry Research and Education, Dehradun. 5. Senior Scientist from Wadia Institute of Himalayan Geology, Dehradun, to be nominated by the Director. 3

4 6. Scientist/ Senior official form the Central Ground Water Board, New Delhi. 7. Scientist/ Senior official form the Central Pollution Control Board, New Delhi 8. Representative of National Disaster Management uthority, Govt. of India. 9. Representative of School of Planning and rchitecture, New Delhi.. Member Secretary, Himachal Pradesh Pollution Control Board, shall be a member and Nodal Officer, who shall ensure the compliance. 9. It is also directed that all the members of the Special Expert Committee shall be nominated by the appropriate uthorities at the earliest. Learned counsel appearing for Himachal Pradesh State Pollution Control Board shall ensure that this order is communicated to all concerned uthorities. The Special Committee shall take up this matter on utmost priority and submit its report within three months.. The Special Expert Committee Members shall undertake the task of assessment of the Carrying Capacity of the town of Manali and Mcleodganj in terms of tourist inflows with reference to: i) Vehicular traffic and parking space; ii) Road Infrastructure; iii) General scarcity of under-ground water; iv) vailability of Drinking Water; v) Overall impact on the air quality; vi) Overall impact on the Bio-diversity of the area; vii) Earthquakes, disasters, structures stability, seismicity, land bearing capacity of soil, underlying rock, proneness of landslide, structural flaws in existing structures. viii) Transport and mobility; ix) Indiscriminate constructions and regularization 4

5 of unauthorized constructions. 11. The Special Expert Committee shall also make assessment and submit report as to whether construction in the town of Manali and Mcleodganj be permitted or whether any restrictions need to be imposed If so, the nature of restrictions are to be laid down, keeping in view the seismicity and geo-physical setting. 12. The Special Expert Committee shall consider the present situation of Manali and Mcleodganj in respect of environment, ecology, forest, sewage system, water supply, collection and disposal of municipal solid waste and the carrying capacity as well as strength of the hill, besides examining adequacy of civic infrastructure especially municipal solid waste management and sewage/sewage network and management etc. 13. The pending execution of the directions, already issued, may also be completed before the next date of hearing. Further affidavit may be filed before the next hearing. 14. List the matter for further consideration in last week of January, , CP (darsh Kumar Goel)......,JM (S.P. Wangdi)......,EM (Dr. Nagin Nanda)