National Green Tribunal
News Item Published In The Tribune Dated ... vs Coram: Hon'Ble Mr. Justice Sheo Kumar ... on 26 July, 2023
Item No. 14 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(BY HYBRID MODE)
Original Application No. 51/2023
In re : News item published in The Tribune dated 16.01.2023 titled
"Joshimath disaster a warning for Mussoorie"
Date of hearing: 26.07.2023
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, CHAIRPERSON
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Respondent: Mr. Rahul Verma, AAG for the State of Uttarakhand
Mr. Kaushal Gautam, AAG, Uttarakhand
Mr. Mukesh Verma, Adv. for UKPCB
ORDER
1. Proceedings have been initiated in the present matter suo motu in view of captioned media report to the effect that recently Joshimath disaster has taken place which has led to displacement of number of inhabitants and damage to properties. There is reported sinking of earth surface due to displacement of sub surface material. This is on account of excessive unplanned constructions beyond carrying capacity. This is also warning for Mussoorie where unplanned constructions have taken place and are still taking place. Its carrying capacity was studied by the Lal Bahadur Shastri National Academy of Administration (LBSNAA) in 2001 which suggested that no further constructions are viable. Mussoorie Dehradun Development Authority (MDDA) has failed to go by the said study and take preventive and remedial measures. Proponents of development such as Uttarakhand Hotels and Restaurant Association do not want any control on developmental activities. The area has enormous 1 reservoirs of ice and snow. On account of unplanned human settlements, natural ecology and recharge of aquifers are affected. Over concretization leads to landslides. Proposed tunnel below Mussoorie is dangerous. So is proposed ropeway from Dehradun to Mussoorie. Ropeway and tunnel have damaged Joshimath. Traffic congestion adds to the burden on the mountain's road. Excessive building activities are beyond the capacity of Mussoorie.
2. The mountain areas are more vulnerable to natural disaster due to its varying nature of relief where the developmental activities over the years have further accentuated the problem by upsetting the natural equilibrium of various physical processes operating in the mountain eco system. A disaster is defined as the outcome of a hazard negatively impacting a social ecological system. The magnitude of the disaster is directly related with the intensity of the hazard as well as with the exposure and the vulnerability of the social- ecological system. In the present scenario the state of Uttarakhand is more vulnerable to disasters and has been devastated repeatedly by several hazards that include both geological and HMD (Hydro-meteorological disasters).
3. The whole of Uttarakhand is extremely vulnerable to severe natural hazards. Located on the southern slope of the Himalayan range, Uttarakhand is one of the most disaster-prone states in India. Due to its topography and cloudbursts, avalanches, landslides, mudflows, and earthquakes, among others. Furthermore, it must be noted that the frequency and intensity of these hazards have increased in the fragile state over the last few decades. This has happened due to anthropological factors, scientists have documented.
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4. It just once a day since a glacier broke off in the Tapovan-Reni area of Uttarakhand's Chamoli district, leading to massive flooding in the Alaknanda river system that swept away anything stood in the way. Hydel projects, bridges and houses along the river were washed away. Around 100 people who were working did not return home and are now feared to be dead. The deluge, that came roaring downstream sent a chill down the spine of Reni residents, bringing back the horrifying memories of the 2013 Kedarnath flash flood that claimed thousands of lives.
5. Scientists have said that satellite and Google Earth images did not show a glacial lake near the region but there was a likelihood of 'water pockets', which might have burst, leading to massive flooding in parts of Uttarakhand after the Nanda Devi glacier broke off at Joshimath in Uttarakhand's Chamoli district. Though it needs further research and analysis, this event is not expected to be a cloudburst since Chamoli's weather reports showed sunny weather with no reports of rain till Sunday. The Indian Meteorological Department (IMD) has said that no adverse weather report is expected from Chamoli, Tapovan and Joshimath areas in Uttarakhand on February 8. "It's a very rare incident for a glacial burst to happen. There's a possibility of a water pocket in the region, which might have erupted. We need further analysis, weather reports and data to confirm if this indeed was the case," IIT Indore's assistant professor of glaciology and hydrology Mohammed Farooq Azam was quoted as saying. He added that global warming has led to a rise in temperatures in the region. According to a recent report by the International Centre for Integrated Mountain Development (ICIMOD), the temperature is increasing in the Hindu-Kush Himalayan region. This, along with global temperature fluctuations, will have further impact in the Himalayan region. The operation jointly carried out by State Disaster Relief Fund (SDRF), Indo- 3 Tibetan Border Police (ITBP) and National Disaster Relief Fund (NDRF) to rescue people from a tunnel in Tapovan using a JCB machine, heavy earth moving equipment, and excavators. The biggest challenge in this rescue operation is 30-35 feet heap of mud.
6. Most part of Uttarakhand is covered by Himalayan peaks and glaciers. The Himalayas are young fold mountains, formed a few million years ago. Tectonic activities like thrusts, faults and plate collisions are very common here, making the region very unstable and sensitive. As per a report, submitted in the Parliament in 2016, Uttarakhand has the highest number of unstable zones among north Himalayan state Himachal Pradesh and Union Territory Jammu & Kashmir. The adverse geological setting makes the state highly susceptible to intense seismic shaking (earthquakes) and landslides.
7. Hill state Uttarakhand is not only geologically unstable but also ecologically sensitive. The state's economy is majorly based on tourism. The number of people visiting the state as tourists is huge. To cater to tourists, deforestation, mindless construction of hotels and lodges on river edges, widening of narrow lanes is happening on a large scale. These activities are cutting right into the toes of the delicate slopes of the state, thereby adding to the destabilizing process and exposing the state to nature's fury. As a result of climate change, the rate of melting of Himalayan snow has accelerated significantly since the beginning of the 21st century, leading to weakening of glaciers and increasing the water level in various river systems. However, scientists project that this swelling of water systems will reduce within decades as glaciers lose mass. This would eventually lead to water scarcity.
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8. The major lesson from extreme natural events is that a better job to be done to identify systematically areas at risk and to establish more effective ways to communicate with authorities and communities likely to be affected. Most Hydro-meteorological disasters i.e., Flash flood, floods and GLOF (glacial lake outburst floods); events take place in remote, isolated catchments where the governments reach is limited or non- existent. When the flash floods strike, external help may take several days to each affected communities, during which time they are left to cope on their own. The technological advances and institutional arrangements for disaster risk management are gradually improving in the Himalayan region.
9. The geology of Uttarakhand is ridden with numerous fault lines and thrusts. According to recent scientific researches, climate change is known to aggravate the frequency of high intensity rainfall, including cloud bursts causing flash floods, Glacial Lake Outburst Floods (GLOFs) and landslides, increasing peoples ecological and socio-economical vulnerability. State is on a path of massive economic and infrastructure growth with various projects including large number of hydropower projects, buildings, roads, tourism related infrastructures, dams, tunnelling, diversion structures, mining, de-siltation of river beds etc. Disaster and development are very inextricably linked. The vulnerability of a region or a country to natural hazards is mainly result of prevailing conditions of the region or society, which are the result of the developmental pattern. The most of these developmental activities unfortunately did not give due consideration to local geological, geo-morphological and ecological conditions. But, there seems to be a ray of hope as the government has taken action to tackle disasters by trying to strengthen is disaster management authority. Recently, it invited interests from companies to engage them 5 for implementation of the integrated geospatial platform, database and applications for disaster risk management in Uttarakhand. The goal of the programme is to rapidly implement a collaborative geospatial platform, integrate real-time and baseline data into the platform and deploy applications on the platform to support the emergency operation centers (EOC) and decision makers involved in disaster management in the state of Uttarakhand.
10. Global warming can be considered as a main influencing factor in glacial retreat, which is also well documented in HI-MAP report facilitated by ICIMOD. The rise in global temperature will be impacting the Himalayan region due to elevation-dependent warming. As per the IPCC report, If the world can keep the temperature rise to below 1.5 degrees Celsius, in the HKH region, it would translate to at least a rise of 1.8 C, and in some places, above 2.2 C. Similarly, climate change is impacting the weather leading to erratic pattern like change in intensity and frequency of rainfall, increased snowfall etc. The thermal point of ice is also increasing, since last decades. Earlier the temperature of ice ranged from -6 to -20 degree C, but now its -2, making it more susceptible to melting. Thus, climate change is the major cause of the current situation in Uttarakhand, which could be a serious issue in the future if not managed properly.
11. Vide order dated 10.03.2021 in O.A No. 312/2016, Dr. Arun Kumar Sharma v. Ministry of Environment Forests & Climate Change & Anr., the Tribunal considered challenge to the Zonal Master Plan, 2023 (ZMP 2030) for the Mount Abu Eco-sensitive Zone (ESZ). Grievance in the said case was excessive soil erosion, water and air pollution and volcanic activities endangering natural resources and affecting health and survival of human beings. The MoEF&CC issued ESZ Notification prohibiting and regulating 6 activities for protection of the area and directed that Master Plan for development in the area should be consistent with the said Notification. It was stated that the Master Plan did not address the concerns in the Notification and did not discourage construction activities thereby endangering environment. The Tribunal constituted an expert Committee which gave its report dated 08.12.2020 making various recommendations to restrict and regulate construction activities having regard to ecological sensitivity of the location. The Tribunal accepted the report which was found to be based on authentic data and scientific basis. The Tribunal directed that ZMP 2030 was required be modified in the light of the report.
12. Vide order dated 17.03.2021 in O.A No. 462/2018, D.V Girish v. UoI & Ors., the issue of undertaking carrying capacity study of eco-sensitive areas to give effect to principle of 'Sustainable Development' was gone into and response was sought from MoEF&CC. The Tribunal issued directions for such study at least in one eco-sensitive area in every State/UT. Study undertaken for Sanjay Gandhi National Park, Mumbai by CSIR-NEERI was referred to and on the pattern of said study and other such studies referred to in this order, further directions were issued. Relevant extracts from the order are reproduced below:-
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5. Accordingly, report has been filed by CPCB on 12.03.2021 to the effect that a rapid study has been carried out of Sanjay Gandhi National Park, Mumbai through CSIR - NEERI. In the course of such study, the area was demarcated. Basic details such as arid extent, geographical features, flora and fauna, and the tourist activities were compiled. Thereafter, carrying capacity assessment was made in the light of air, water, habitat, biodiversity, land, noise, and tourism as the crucial elements affecting SGNP by using fuzzy comprehensive evaluation method based on secondary data available. The thematic areas covered are: Water Environment Carrying Capacity (WECC), Air Environment Carrying Capacity (AECC), Tourism Carbon Carrying Capacity (TCC), Noise Carrying Capacity (NCC), Normalized Difference Vegetation Index (NDVI), Land Surface Temperature (LST), Digital Elevation Model (DEM), Land Use Land Cover map (LULC), Normalized Difference Water Index (NDWI), Land Stress Index (LSI), Habitat 7 Quality Index (HQI), Aerosol Optical Dispersion (AOD) & PM2.5, Selection of Ecological System, A Fuzzy Comprehensive Evaluation Method and AHP based Estimation. The assessment in the light of the above has been made in relation to Tourism Carbon Carrying Capacity (TCC), Water Environment Carrying Capacity (WECC), Noise Carrying Capacity (NCC), Air Environment Carrying Capacity (AECC) and Environmental Attributes for Ecological Carrying Capacity. Relevant extracts from the report are as follows:-
"Eco-Sensitive Zones (ESZs) or Ecologically Fragile Areas (EFAs) are areas in India notified by the Ministry of Environment, Forests and Climate Change (MoEFCC), Government of India around Protected Areas, National Parks and Wildlife Sanctuaries. The purpose of declaring ESZs is to create "shock absorbers" to the protected areas by regulating and managing the activities around such areas. These zones are indispensable for a nation as they preserve biologically and ecologically rich areas and potentially valuable and unique natural resources that would be difficult to replace once annihilated. The ecosystem is quite delicate around these areas and needs to be protected against human intervention. They are of immense importance to human society as they are ecologically and economically important, maintain ecological stability and preserve the rarity of the ecosystems they harbor.
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Carrying capacity assessment is a tool to determine the growth limits that an area can accommodate without violating environmental capacity goals. CSIR-NEERI being an expert organization was engaged for a short term study to assess environmental carrying capacity (ECC) of Eco-sensitive zone - Sanjay Gandhi National Park, Mumbai using secondary data, remote sensing data, literature survey and selected ECC methodologies.
The findings reveal that environmental attributes such as available water resources, vegetation cover and land stress are within the permissible carrying capacity limits, however, other attributes such as mangrove cover, air quality (except SO2) and surface temperature are deteriorating. The overall noise levels are within the limits except at the entrance gate.
The utilization ratio of available water resources in SGNP is 59.87%, which is less than the reference value of 100%. The total calculated footfall, in terms of tourists, shows that it is in a critical stage and has exceeded the maximum footfall possible and can affect the wildlife and it carrying capacity. The overall noise levels is within the acceptable limit except at SGNP entrance gate due to high traffic flows and other human activities, and it should be controlled through by suitable measures. The utilization ratio calculations for air pollutants except SO2 are already beyond the safe limits and necessary air pollution control measures are required to be taken in and around the eco- sensitive zone of Sanjay Gandhi National Park.
8 The comparison of NDVI values indicates that the vegetation cover of SGNP has increased over the years, which is a good sign for the enhancement of its carrying capacity. The LULC classification area for SGNP from 1978-2020 shows a positive increase in forestland, is beneficial for wildlife and overall ecosystem. However, the Mangroves cover and water bodies areas, in the SGNP and buffer area (analyzed through remote sensing data) are decreasing year by year. Human settlements is continuously increasing including in buffer area threating environmental balance. LST maps of SGNP shows that the surface temperature has increased in 2020 (24-34ºC) as compared to 2000 (17.93 ºC).
Preliminary analysis of SGNP indicates limited land stress which should be maintained for ecological balance. The values of AOD and indicate higher air pollution level due to anthropogenic activities, which is also confirmed by available ground data.
Based on the rapid assessment of CC done using the available data, it is recommended that:
1. Anthropogenic activities including construction within the premises of the SGNP should be limited as it is affecting the fragile ecosystem of the area and is putting pressure on other environmental attributes such as water, air and noise.
2. Assessment of noise carrying capacity needs a detailed analysis with biodiversity centric focus, given the severe impact of noise on fauna present in the area. A long term study is needed in this regards.
3. Suitable measures to mitigate the impacts of air and noise pollution in the area should deployed and an environment management plan be prepared to preserve the floral and faunal biodiversity.
4. The slope factors of the area shows a reduced stress on land which should be maintained by avoiding construction activities in the area.
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"4.0 Way Forward In order to understand the carrying capacity of the SGNP in depth, the critical environmental attributes are to be weighed scientifically. Methods, including but not limited to, modelling, fuzzy, hierarchical techniques will be applied in the next step to derive conclusive assessment on environmental carrying capacity of SGNP.
A detailed study using other modelling techniques shall be carried out during next phase of the study, the extent of utilization will be assessed using weightage of different factorial layers and sub- criteria. Assessment in reference to the impact to faunal diversity of the park will also be attempted during the detailed planned study.9
There are certain aspects of the study which requires subsequent detailed analysis. It includes secondary data collection of remaining parameters, primary survey for certain parameters, assessment of habitat suitability, ECC with respect to Air, Water and Noise environment by keeping faunal biodiversity impacts at the center and select ground validation points for remotely sensed data. Overall analysis of ECC using AHP or Fuzzy method based on the above additional parameters, data and validation points will be done.
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8. Thus, as earlier directed vide order dated 19.03.2020, there is need to undertake carrying capacity of eco sensitive areas in all the States/UTs. Inspite of such need, such studies do not appear to have been undertaken. We reiterate our direction for this course of action being adopted in a time bound manner to enforce the 'Sustainable Development' and 'Precautionary' principles which the Tribunal is expected to apply in giving directions under Section 15 of the NGT Act, 2010.
9. In the first instance, such study may be undertaken for atleast one eco-sensitive area in every State/UT. As per report of the CPCB, only one such study has been undertaken so far and that too, only rapid assessment, using available data. Further detailed study to determine steps necessary for protection of the said ESZ is yet to be undertaken. During the hearing, learned Counsel for CPCB stated that while such studies for all eco sensitive areas are necessary, it may be difficult for CPCB alone to undertake such exercise. It is suggested that such studies be got conducted by the concerned States/UTs by associating concerned experts and handholding may be provided by the MoEF&CC.
10. Accordingly, we direct that such exercise may be got conducted by concerned State/UT to be coordinated by a joint Committee comprising State PCB, Secretary/ Director Environment and Chief Wildlife Warden. The nodal agency will be Secretary/Director, Environment for coordination and compliance. The said joint Committee may determine the mode of carrying out such study and the composition of the Committee for accomplishing the task. In doing so, it may be desirable to associate nominees of reputed Institutions, which have earlier been associated with such exercise, like G.B. Pant Institute of Himalayan Environment & Development, Almora, Forest Research Institute, Dehradun, ICFRE, Dehradun, Wadia Institute of Himalayan Geology, Dehradun and School of Planning and Architecture, New Delhi. The first phase may be completed within six months and next phase in further six months. The ESZ Expert Committee of the MoEF&CC may provide necessary guidance by holding periodical video conferences and issuing appropriate guidelines on the subject. In the light of such carrying capacity studies, the respective Master Plans of the eco sensitive areas in question be modified on the pattern of our directions in O.A. No. 312/2016, Dr. Arun Kumar Sharma, supra."10
13. The matter under this Original Application was taken up by this Tribunal on 31.01.2023 and considering all relevant facts quoted above this Tribunal directed as follows:
"In above background, study of carrying capacity of eco-
sensitive areas in Himalayan regions in holistic manner appears to be imperative for protection of environment.
Without undermining need for study in all eco sensitive areas as already directed, we direct specific study for Mussoorie in the light of apprehensions expressed in above media report. Such study may cover as to how much constructions can be allowed and with what safeguards, what safeguards be used for existing buildings and all other relevant and associated aspects including vehicular traffic, sanitation management, maintaining ecological integrity in terms of soil stability and flora/fauna. For this purpose, we constitute a nine member joint Committee to be headed by Chief Secretary, Uttarakhand. Other members will be Wadia Institute of Himalayan Geology Dehradun, Govind Ballabh Pant National Institute of Himalaya and Environment, National Institute of Hydrology (NIH), Roorkee, Prof. J.S Rawat, Kumaon University, Almora, Space Application Centre, Ahmadabad National Institute of Rock Mechanics, Bangalore, CPCB and ACS Environment, Uttarkhand who will act as nodal agency for coordination and compliance. ACS, Environment will provide for travel and logistics for members to the extent necessary. Meetings may be held online or offline as may be necessary except for visit to the site. The Committee may suggest remedial 11 measures to prevent environmental damage in the light of carrying capacity, hydro-geology studies, geo-morphological studies and also covering other allied and incidental issues.
The Committee will be at liberty to take assistance from any other expert/institution. The Committee may meet within two weeks and complete its studies within two months. It may furnish its report by e-mail at judicial-
[email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF on or before April 30, 2023. The Committee will be free to interact with the stakeholders including the inhabitants/members of civil societies. The Committee may also consider the concerns in the media report. It will be open to the Chief Secretary, Uttarakhand to take preventive and remedial measures found necessary in the light of the media report otherwise."
14. In compliance thereof, the Uttarakhand Pollution Control Board vide its reported dated 24th July, 2023 has filed status report of carrying capacity of Mussoorie with the following preventive and remedial measures which are required to be taken by authorities concerned, which is quoted below:
"8. Preventive and Remedial Measures Mussoorie is presently the most popular destination amongst tourists, being a key adventurous and aesthetic tourist destination of the state Uttarakhand. The hill station is in the foothills of the Garhwal Himalayan range falls under the seismic zone IV. For better planning and management of available resources, the following preventive and remedial measures are needed to be undertaken:12
1. For tunnel and major civil structures projects like hotel, hospital etc. it is suggested that detailed engineering geological and geotechnical investigations should be done as per BIS Codes and construction permission should only be granted after clearance of the report from the State/Centre appointed Statutory Body.
2. The MDDA should develop a GIS based Decision Support System (DSS) for the use of the decision makers, planners, managers and administrators, by putting all the data/information (i.e. geological, geomorphological, hydrological, environmental and developed infrastructures) of the Mussoorie Town area in an integrated high resolution (i.e., 1:10,000) common geospatial web-based platform, viz., geoportal.
3. Proper examination of existing building and it may be necessary to strengthen the retrofitting of structures to prevent them from sliding or collapsing. This could involve underpinning or adding reinforcement to the foundations. Technical auditing of multi-story buildings (≥3) by experts on annual or biennial basis can be conducted at MDDA level to know about the health of the building.
4. When repairing roads or building structures, it was recommended that the boulders not be removed by digging or blasting the hillsides. In landslide prone areas, stones and boulders should not be removed from the bottom of the hill because this would remove toe support, increasing the likelihood of landslides. It is necessary to fill in any cracks that have appeared on the slopes.
5. Provision of effective drainage system should be ensured. Due to the lack of proper surface draining system, the rainwater of most of the buildings is being infiltrated into the ground which generates sub-surface flow and accelerates the process of land creeping resulting in damage to buildings and other properties causing 13 economic and environmental disruptions. For safeguarding the buildings and environmental conservation, it is necessary to ensure that the rainwater of each building roof is being drained out properly into the nearest natural drainage line.
6. Phytoremediation of degraded slopes can be initiated, that can help to anchor the soil and prevent erosion. Broad leaved native trees can be promoted for stabilizing slopes, especially in the landslide prone areas.
7. Water availability concerning to current demand in summer and winter months should be maintained and proper supply system to be ensured. Recharge / rejuvenation of natural springs should be explored with scientific intervention. Natural spring in the region should be monitored and re-charge activities (proper plantation) can be initiated on proper scientific basis. Springs (act as natural piezometers) are good indicators for any change in the groundwater in the mountainous area. Therefore, there is an urgent need to inventories all springs located in the vicinity/periphery of Mussoorie towns. Their periodic monitoring may be a good tool for detecting any natural calamities events in advance in the mountainous regions.
8. Spring-shed rejuvenation and management activities can be initiated on proper scientific basis for safeguarding and augmentation of the discharge of the springs and subsequently the local streams fed by springs. Since most of the water supply schemes of Mussoorie town are from the local springs/brooklet, incentive-based mechanism (IBM) can be adopted for effective protection and preservation of the springs/brooklet. Beside that recharge zones shall also increase soil moisture content which will help in enriching biodiversity through natural regeneration of trees, 14 shrubs and grasses, etc. and shall increase both flora and fauna in the forest. On the other hand, due to increase in soil moisture content on forest land the incidences of forest fire, which are causing irreparable loss to environment and the entire ecosystem will be controlled as a result of this mitigation measure.
9. Roof top Rain water harvesting can be promoted to meet the deficit water demand, at least in the peak tourist period.
10. Open rain water seepage must be stopped through the construction of a pucca drainage system. Water should not be allowed to accumulate in any depression; instead, drains should be built to transport it to safe areas.
11. Proper sewerage network and appropriate treatment facilities should be ensured. The sewage water should not be allowed to percolate or connect with natural ground water.
Feasibility of reuse of treated water for secondary uses can be explored.
12. Construction of new buildings are already restricted. Further, the new /additional construction related extension should be properly monitored. All the building foundations should be mapped by a competent engineering geologist to know about the safe bearing capacity of the foundation and treatment of cut slope. In consultation with the designer, type of foundation (footing, strip, raft) and height of building can be finalized. Then only after this, the map can be submitted to MDDA for approval.
13. The regulations related to waste management should be strictly followed. Dumping sites around water bodies should be strictly restricted to prevent pollution threats on the important sources of drinking water of the city. QR code based Digital Direct Refund System should be implemented for management of plastic 15 waste. IEC activities to be promoted amongst visiting tourist towards solid waste and plastic waste management.
14. Strict measures should be made to promote the usage of biodegradable materials and ban on use of Single Use Plastics (SUPs) items should be strictly enforced.
15. Local people should be involved in the Environmental Conservation programs and awareness/training on landslides, mountain risks, etc. to be initiated.
16. Registration of tourists should be done according to carrying capacity of the area, especially the available parking space, guest room availability, etc. Tourist can be charged for visiting the Mussoorie area and the payment can be utilized for managing waste and cleanliness.
17. New construction can be allowed for land owners/local inhabitants as per plan and by-laws of building construction of MDDA and carrying capacity with a specific control on height of the building, slope percentage, drainage and control construction in freeze zone.
18. At present, the preparation of Master Plan of Mussoorie is in progress. The mitigation and preventive measures can be incorporated in the Master Plan for sustainable development.
19. For the smooth traffic management and to avoid traffic congestion the total number of permissible vehicles may not be exceeded beyond the capacity of parking facility provided by Nagar Palika, Mussoorie, Tourism Department, MDDA, Hotels, Dhramshalas, Gurudwaras etc. The road side parking may be allowed subject to free-flow of traffic as managed by the local police.
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15. The above measures have been suggested based on research studies of Himalayan districts of the North-Western provinces of India, a study on spring and springshed characterization in Mussoori, Garhwal and other studies which is quoted in the references.
16. State of Uttarakhand is required to take necessary steps and to ensure that the remedial measures which have been suggested by Committee shall be taken on priority basis in a time bound manner for which an action plan identifying issue, remedial action to be taken and agencies accounted for implementation/execution will be prepared. The entire action plan needs to be monitored by the Chief Secretary on quarterly basis and monthly reviewed by the senior Nodal Officer to be deputed by Chief Secretary. Action Taken Report to these effects be filed within three months.
List it on 09th November, 2023.
Sheo Kumar Singh, CP Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM July 26, 2023 O.A No. 51/2023 PU 17