Recently, the Supreme Court raised grave concerns about the ecological crisis in Himachal Pradesh and warned that unchecked degradation could lead to irreversible damage to the state.
Case Background
- Petition: A hotel group challenged a Himachal Pradesh High Court order that restricted construction in an area declared a green zone by the state’s Town and Country Planning Department.
- A green zone is an area officially designated by the Town and Country Planning (TCP) Department where no new construction activity is permitted, especially of commercial or residential buildings.
- SC Stand: The Supreme Court upheld the HC’s decision, refusing to intervene and instead expanded the scope to a public interest matter, seeking the state’s response within four weeks.
Key Environmental Concerns Highlighted
- Hydropower Projects: Causing water shortages, Triggering landslides, not maintaining minimum water flow.
- The status of trans Himalayan river Sutlej stands reduced to a rivulet was also highlighted.
- Unregulated Tourism: Hill towns struggle with waste disposal and resource shortages in tourist seasons.
- Unregulated Development: Projects such as four-lane highways, tunnels, ropeways, and urban expansion were called out for bypassing environmental safeguards.
- Irregular Construction: Hill slopes have been “cut steeply, unscientifically, without adequate stabilisation measures”, and natural watercourses were obstructed or diverted.
Sutlej River
- Origin: From Rakas Lake near Mansarovar, Tibet, where it is called Langchen Khambab.
- Entry into India: Through the Shipki La Pass in Himachal Pradesh.
- Course Through Indian States: Flows west and southwest through Himachal Pradesh and Punjab, passing near Nangal.
- Confluence with Beas: Joins the Beas River, and together they form a 105 km stretch of the India–Pakistan border.
- Confluence with Chenab: Flows into Chenab River after covering another 350 km.
- Formation of Panjnad and Merger with Indus: Sutlej and Chenab together form the Panjnad, which ultimately merges into the Indus River.
|
Constitutional & Legal Context
- Article 21 – Right to Life: The SC’s remarks reinforce the idea that a clean and safe environment is intrinsic to the right to life. Environmental degradation directly threatens human life, health, and livelihood.
- Directive Principles of State Policy: The observation aligns with Article 48A of the DPSP, which mandates the state to protect and improve the environment and to safeguard forests and wildlife.
- Public Trust Doctrine: The environment is held in trust by the state for the benefit of all. The court indirectly invoked this principle by criticizing government inaction and reckless exploitation of natural resources. It reminded both state and Centre that revenue generation cannot override ecological responsibility.
Way Forward and Policy Implications
- Rethink Development Priorities: Shift from revenue-driven to ecologically sensitive models, with project approvals based on environmental sustainability, not just economic returns.
- Himalayan states must pool resources and expertise to develop climate-conscious development plans.
- Strengthen EIA Mechanism: Make Environmental Impact Assessments (EIA) more stringent, transparent, and inclusive by involving geologists, environmental experts, and local communities.
- Promote Sustainable Tourism: Regulate tourist inflow, encourage eco-friendly practices, and invest in waste management and sanitation infrastructure.
- Enhance Inter-State Coordination: Implement a unified Himalayan policy for sustainable development, disaster preparedness, and resource conservation across all Himalayan states.
- Judicial Oversight: The Supreme Court’s move to treat the issue as a Public Interest Litigation (PIL) shows intent for continuous monitoring and may lead to binding guidelines for governments.
4 Aug 2025
.png)
