National Green Tribunal
President (Shiv Nuala Committee ... vs State Of Himachal Pradesh on 18 October, 2024
Item No. 09 Court No. 2
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 689/2024
President (Shiv Nuala Committee) Applicant
Versus
State of Himachal Pradesh Respondent(s)
Date of hearing: 18.10.2024
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None
Respondents: Mr. Divyanshu Srivastava, Advocate for State of Himachal Pradesh
(through VC).
ORDER
1. This Original Application under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as 'NGT Act, 2010') has been registered exercising suo-moto jurisdiction on a letter petition dated 28.09.2023, sent by President, Shiv Nuala Committee Bhattiyat, District Chamba, State of Himachal Pradesh.
2. Complainant has said that devotees come to District Chambal during Manimahesh Yatra in large number but inadequate toilet facilities are provided as a result whereof pilgrims litter faecal waste here and there causing damage to environment; there is no regulation of commercial activities which is also causing damage to environment and even natural greenery is being damaged. No effective steps have been taken by the authorities responsible for management.
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3. Complaint was examined by Tribunal on 22.07.2024. After being prima facie satisfied that a substantial question relating to environment has arisen due to implementation of enactments mentioned in Schedule I of NGT Act, 2010, Tribunal found it appropriate to obtain a factual report and thus constituted a Joint Committee comprising District Magistrate, Chamba, Himachal Pradesh, State Pollution Control Board (hereinafter referred to as 'HSPCB') and Divisional Forest Officer, Chamba.
4. The said Committee was required to submit its report within two months along with preparation of SOP for conducting said yatra.
5. Pursuant to order dated 23.07.2024, through District Magistrate, Chamba, Joint Committee has submitted report dated 01.10.2024 filed vide email dated 10.10.2024. Report in initial part gives introduction about Yatra. It says that Manimahesh Dal lake, situated in Bharmour Sub- Division of Chamba District of state of Himachal Pradesh is one of the chief pilgrimage spots in India. The holy lake is situated at an altitude of 13,500 feet at the foot of the Manimahesh Kailash peak (18,564 ft) which is believed to be the abode of Lord Shiva. The lake is situated about twenty- six kilometers by the shortest route from the sub divisional headquarter Bharmour out of which 13 kms is motorable upto Hadsar which serves as the base camp of the trek to the Holy Lake. From Hadsar, which lies at an altitude of approximately 7500 ft AMSL, a 13 km walking trail which criss- crosses the Budhil stream originating in the HolyManimabesh Dallake and the surrounding glaciers, leads upto the Lake. On this trek there are 3 major campsites, namely Dhanchho, Sundrasi and Gaurikund, where commercial establishments and langars are set up in addition to the Manimahesh Dal lake. which itself serves as a campsite. In addition to the 2 main Hadsar- Manimahesh Dal lake trek route, there are 2 other trek routes to the Holy Manimahesh Dal lake namely:
1. The Kalah Route: This route is approachable from Holi, the Tehsil headquarters of Holi Tehsil of Bharmour Sub division which lies at distance of 38 kms from Bharmour. A trek of approximately 17 kms from the roadhead at Upper Tiyari leads to the Manimahesh Dal over the Kalah pass which lies at an altitude of 4608 metres AMSL
2. The Parikrama route- The trek on this route starts at Kugti village which is 26 kms from Bharmour. The trek is 28 kms in length with the highest point located at Dham Ghodi pass which is 4650 metres AMSL. Due to the longer distance and relative difficulty of the treks over the above 2 alternative routes, 90% of the trekkers and pilgrims prefer the main Hadsar track to the Manimahesh Dal lake. The Manimahesh Yatra is held every year in the month of Bhadon (भाद्रपद) as per Hindu calendar, in the months of August/September, traditionally for about 15 days from Janmashtami to Radha Ashtami. This year Yatra was organized from 26" August to 11 September 2024. It is submitted that although the official period of the Yatra is about 15 days only, yet area is visited by the pilgrims as well as trekkers from about May-June onwards after the melting of winter snow along the route upto October November till the area becomes snow bound again. It is estimated that 6 lakh people undertook Yatra this year during the official period of the Yatra, which is more than the entire population of District Chamba.
The organization of Yatra during the official period is entrusted 3 to 'Mani Mahesh Trust Bharmour' (henceforth referred as 'MMT') which was constituted by Government of Himachal Pradesh in 2007 with the objective of facilitating the pilgrims, undertaking annual Shri Mani Mahesh Yatra as well as to undertake development of religious places connected with the Yatra. ADM Bharmour and SDM Bharmour are designated as the Chairperson and Member Secretary of the MMT which also includes other Govt. officers as well as nominated non official members. The Deputy Commissioner Chamba in his capacity as the Commissioner, Temples exercises overall supervision over the functioning of the Trust as well as the organization of the Annual Yatra.
The entire land of Yatra trek route and campsites is classified as forest land in revenue record. Significantly, nearly half area of this trek route. mainly that falling on the right bank of the Budhil Nallah, is part of Demarcated Protected Forest of Bharmour Forest division and remaining area as a Protected area of Kugti Wild Life Sanctuary which is under management of Chamba Widlife Division of State Forest Department.
6. Thereafter report has considered issue regarding availability of toilets and sanitation and says as under:-
"Factual Report About Toilet Availability and Sanitation Temporary toilet facilities are provided along the Yatra trek route by Govt agencies as well as the Langar organisers. This year as per information provided by the MMT and verified on ground following number of temporary toilets were established along the Yatra trek route by different Govt agencies:4
Toilet seats Total no. of
Toilet seats Toilet seats
Location established Toilet seats
Sr. established established
by HP Rural established
No. by HP Public by HP Jal
Development by different
Works Deptt Shakti Deptt
Deptt Deptts.
Manimahesh Dal
1. 24 5 Nil 29
Gaurikund
2. 32 5 2 39
Sundrasi
3. 5 Nil Nil 05
Dhanchho
4. 20 11 2 33
ShivGharat
5. Nil 2 Nil 02
Tosh Ka Goth
6. Nil 2 Nil 02
Grand Total
81 25 04 110
In addition, all Langar organisers seeking permission to set up Langars are required to install temporary toilets as per their covered area as per the following scale:
Covered Area of No. of Toilets to be installed Langar Male Female Total 15-50 sqmt 1 1 2 51-100 sqmt 1 2 3 More than 100 2 3 5 sqmt Accordingly the Langar organizations were required to install toilets as per following details at various locations along the trek route:
Sr. Location Toilets required to be established by Langar
No. Organizations
Male Female Total
1. Manimahesh Dal 16 18 34
2. Gaurikund 22 25 44
3. Sundrasi 09 10 19
4. Dhanchho 42 47 89
Total 89 100 189
However, a verification report of the toilets actually installed by the Langar organizations reveals that only 94 no. toilets were installed by the Langar organizations along the Yatra route as per following detail:
5 Sr. Location Toilets actually established by Langar Organizations No. Male Female Total 1. Manimahesh Dal 5 6 11 2. Gaurikund 12 16 28 3. Sundrasi 4 5 9 4. Dhanchho 21 25 46 Total 42 52 94
Thus a total of 204 (110 + 94) number of toilets were installed along the Yatra route. During the multiple physical inspections conducted, it was seen that the toilets installed were inadequate to cater to the load of around 6 lakh pilgrims who visited Manimahesh this year and the number of toilets needs to be increased significantly for the next year. Although running water facility had been made available in the toilets, it was seen that toilets required vigorous and regular cleaning by the sanitation staff deployed.
In addition to the toilets on the Yatra trek route, 114 toilet seats in fixed and mobile toilets were provided by the HP Deptt of Rural Development and Panchayati Raj along the Highway within Sub Division BharmouruptoHadsar and other roadside habitations such as Bharmour, Bharmani, Hadsar, Lahal etc. Sanitation workers were deployed by MMT during the Yatra duration from 22.08.2024 to 14.09.2024 through contactor for the cleaning of the toilets as well as for waste management as per following detail:
Sanitation Staff Details
Sr. Location Sanitary Workers Supervisors (Nos.)
No. (Nos.)
1. Bharmour 20 01
2. Bharmani Mata 06 01
3. Hadsar 14 01
4. Donaali& Goi Nalla 06 01
5. Dhanchho 14 01
6. Sundrasi 06 01
7. Gaurikund 14 01
8. Dal Lake 14 01
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Total:- 94 08
Waste segregation at source along the Yatra trek route was undertaken by MMT in association with the NGO Healing Himalayas. Consequently, different categories of waste as per following description were collected during the Yatra and have been brought down to roadhead at Hadsar for scientific disposal:
Sr. Nature of Segregated Waste No. of Bags Quantity of Waste No. Collected Collected(in Kgs) 1. PET(Plastic Bottles) 685 2360 2. Tetra Packs 36 155 3. Glass 37 357 4. Multi Layer Plastic 453 3047 5. Metal 52 359 6. Shoes/Slippers 29 291 7. Cloth 19 217 8. Low Quality Waste (Mix Waste) 21 283 9. Other 247 1787 Total 1579 8856
During the visits, the waste segregation and collection efforts were found to be working successfully with regular awareness of shopkeepers and langar owners being carried out, daily collection of segregated waste by the sanitation staff deployed and proper storage of the waste being collected.
However, certain spots along the route were found to have anaccumulated waste, for which cleanliness drives were directed to be organised by involvement of the local population. As informed by MMT authorities, anaccumulated waste cleanup along the Yatra route has been planned from 02.10.2024 to 07.10.2024 in association with NGO Dhauladhar Cleaners and other volunteers/voluntary organisations to remove the waste.
In order to ascertain the water quality of the Manimahesh Lake and the downstream areas, HPSPCB Regional Office Chamba collected water samples from the Manimahesh Lake and the streams linked thereto and got them tested at the HPSPCB Regional Lab at Dharamshala. Result of the test is enclosed herewith as Annexure- I. The comparative results of samples as per CPCB prescribed Designated Best Use Water Quality Criteria (copy enclosed) are analyses as follows:
Sr . Sampling pH TSS COD BOD TC FC Remarks
no location (mg/l ) (mg/l ) (mg/l ) MPN/10 MPN/10
0 ml 0 ml
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1. Dal Lake 6.9 8 0.7 2.4 0.2 2200 18 As per CPCB
Manimahesh water quality
criteria
designated
best use of
water, the
results are
conforming to
Class C
(Drinking
water source
after
convention al
treatment &
disinfection).
2. D/s of Dal 6.7 0.4 3.2 0.3 350 1.8 As per CPCB
Lake before water quality
confluence of 8 criteria
Goya Nallah designated
originating best use of
from Kamal water, the
kund results are
conforming to
Class A source
without
convention al
treatment but
after
disinfection).
3. D/s of 6.6 197.5 - 0.4 9200 18 As per CPCB
Dhanchho at water quality
Hadsar of criteria
Manimahesh designated
Nallah (Go best use of
ya Nallah) water, the
results are
conforming to
Class C
(Drinking
water source
without
convention al
treatment but
after
disinfection)
According to the Central Pollution Control Board (CPCB) Water Quality Criteria, the lake's water conforms to Class C, indicating that it is suitable as a drinking water source after conventional treatment and disinfection."
7. Joint Committee report in the above background has recorded its key observations as under:-
"Key Observations:8
1. Presence of Total Coliform (TC):
o The water quality assessment shows higher-than-expected Total Coliform (TC) levels.
o Coliform bacteria are typically present in the environment, naturally found in soil and vegetation.
o Heavy rainfall is likely responsible for the increased TC levels, as it can wash soil containing coliforms into water bodies like Manimahesh Lake.
Notably, there is no evidence at the catchment of Manimahesh lake of human sewage waste or animal waste contaminating the lake. Further it may be elevated coliform levels are from natural sources rather than anthropogenic pollution. As per primary water Quality Criteria for bathing water (water used for organised outdoor bathing) by Ministry Of Environment And Forests Notification New Delhi, the 25th September, 2000 (copy enclosed as Annexure II). It is fit for organised outdoor bathing. Therefore, the results of the tests are required to be seen in that perspective."
8. Report further considers commercial activities along the Yatra route and constraints in Yatra organization and management and says as under:-
"Commercial Activities along Yatra Route It is a fact that commercial activities are taking place along the Yatra trek route on forest and wildlife sanctuary land. Such commercial activity is mostly in the form of shops selling eatables- packaged as well as freshly prepared, prasad shops and those providing night halt facilities and bedding to the Yatris. Besides, mule transport, both for passengers as well as for goods is also a significant commercial activity on this route. The shops on the trek route start coming up with the opening up of the trek route after winter. Maximum commercial activity in the area takes places during the official period of the Yatra corresponding to the influx of maximum visitors in this area. Most shop owners belong to the adjoining Gram Panchayats of Hadsar, Chobia, Kugti and other GPs in Bharmour Tehsil. These Gram Panchayats have traditional association with the Yatra with some of the families functioning as `chelas' for certain religious rituals associated with the Mela. No permission is sought by the owners for the setting up of shops in the area from any authority. However, for past some years, a nominal fee is charges from the shopkeepers by MMT. This year a sanitation fee of Rs.10/sqft. of covered area was imposed by MMT on commercial establishments at the following scale:9
Covered area in sq. Ft. Sanitation Fee Upto 50 sq. ft. Rs. 500 Upto 100 sq. ft Rs. 1000 Upto 200 sq. ft. Rs. 2000 More than 200 sq. ft. Rs. 3000
Further, this year a mapping exercise to ascertain the number, ownership, location with GPS coordinates, covered area and nature of such businesses and langars was undertaken through a committee of officials appointed by Chairman MMT. The results of this exercise reveals that there are 440 no. of business establishments along the Yatra trek route from Hadsar to the Manimaheshlake. Further, an amount of Rs. 2,55,500 was collected from such establishments as sanitation fee against the due amount of Rs. 7,87,000. The remaining amount could not be collected as the shopkeepers refused to pay the amount. The same could not be enforced on account of the peculiar geographical conditions and to avoid law & order situation in the area. Similarly, a sanitation-cum-registration fee of Rs. 700/mule and Rs. 100/porter was imposed by MMT during the Yatra. An amount of Rs 2,43,000 was collected on account of the registration of 348 no. mules and Rs. 13,500 on account of the registration of 135 no porters in this manner. However, the coverage on this count is also partial as around 1200 mules are estimated to ply on this route during the Yatra period.
The rates charged by the taxis for local trips, shopkeepers for cooked items and bedding as well as passenger transport by mules/horses and goods transport by mules/porters were fixed by MMT in consultation with the local stakeholders and widely publicized during the Yatra.
Constraints in Yatra Organization and Management There are several constraints for the creation of infrastructure along the Yatra route as well as for the Yatra management as detailed below:
1. Difficult topography of the area
2. Harsh Climatic Conditions
3. Limited working season
4. Difficulty in creating permanent infrastructure as trek route is partly as DPF(Demarcated Protected Forest) under Bharmour Territorial division and Partly as a Protected area of Kugati WLS(Wildlife Sanctuary)
5. High cost of transportation and construction
6. No telecommunication facilities
7. In addition to the above factors, there was huge jump seen in the number of pilgrims coming for the Manimahesh Yatra 10 during this year with around 6 Lakh pilgrims as against the estimated 4 lakh pilgrims in the previous year 2022-23."
9. In light of above facts, report has made recommendation for SOP for Yatra and its recommendations are as under:-
"Recommendations for SOP for the Yatra There is a need to balance the interests of the lakhs of pilgrims visiting the Manimahesh Dal, the local stakeholders traditionally associated with the Yatra and deriving economic sustenance from the Yatris and ensuring that pristine environment of this eco sensitive zone is preserved. Accordingly, the Committee makes the following recommendations:
Standard Operating Procedure for Environment Protection and Commercial Activity Regulation:
1. Regulation of Human Activity i. Entry and Activities: The Forest and Wildlife Department will regulate entry and human activities on the Yatra trek route in accordance with forest laws during the non-Yatra period. During Non- Yatra Period, a Kiosk cum Help desk at Hadsar will be established where registration of Trekker and Yatris will be done by Forest Department. Further Eco-
development Committee will be created at Hadsar in partnership of local people and Forest department. Nominal fee will be charged as Eco-Cess to yatris and trekkers and fund will beutilised for cleaning and maintenance of trek route during Non- Yatra period, creation and maintain of temporary facilities for the trekkers, tourist and yatris along trek route. Eco-tourism principles will be followed to minimize the environmental footprint. However, as during the Yatra period, the number of pilgrim increase manifold thus a joint collaboration of Forest, Police and Administration shall manage the entry of pilgrims on the different trek routes to Manimahesh Dal.
ii. Carrying Capacity: An annual exercise will be conducted to estimate the carrying capacity of the trek route. Based on this, a daily limit on the number of trekkers/tourists/yatris will be established to prevent overuse and ensure environmental sustainability.
iii. Online Registration: A mandatory online registration system will be enforced for all trekkers/tourists/yatris. This will ensure proper tracking of visitors, compliance with the daily limit, and facilitate disaster preparedness. The system will be managed by the MMT and an online website for the same has already been created where facility of self- registration has been provided.
11 iv. Responsibilities: During the non-Yatra period, the Forest Department shall be responsible for managing the entry of trekkers and tourists on the trek. However, as during the Yatra period, the number of pilgrim increase manifold, a joint collaboration of Forest, Police and Administration shall manage the entry of pilgrims on the different trek routes to Manimahesh Dal.
2. Regulation of Commercial Activity i. Permissions and Space Allocation: No person shall conduct commercial activities on government land along the Yatra route without due permission. Specific spaces will be earmarked for setting up temporary commercial structures (e.g., food stalls, shops) to serve trekkers/tourists/yatris. No permanent construction is allowed except for concrete/stone platforms to support temporary shops. As the trek routes are essentially forest land, therefore the DFO Bharmour shall be the responsible authority to permit the establishment of temporary commercial establishments for the benefit of trekkers/tourists/yatris.
ii. Auctioning of Commercial Spaces: The designated spaces for commercial activity can be considered for auctioning following a transparent process. Revenue generated from the auctions may be utilised by the DFO Bharmour for:
➢ Sanitation and waste management.
➢ Environmental conservation and other facilities for trekkers/tourists/yatris.
iii. Product Restrictions: Commercial establishments will be subject to strict controls on the types of products they can sell. Specifically:
➢ The sale of food products in non-biodegradable packaging shall be prohibited.
➢ Priority will be given to vendors offering hot cooked food to reduce packaging waste.
➢ Efforts to be made to reduce Single Use Plastic products.
iv. Monitoring and Compliance: The Local Administration will conduct routine inspections to ensure that commercial activities comply with these and other extant regulations for environment protection. Violators may face fines or suspension of their permits.
v. Prohibition in Sensitive Areas: No commercial or langar activity will be permitted in the catchment area of Manimahesh Dal to preserve water quality and the sanctity of the location.
vi. Langars: The MMT shall continue to regulate the establishment of langars along the Yatra route as they provide essential services to the yatris and function only during the Yatra period. Similar guidelines with regards to sanitation and environment protection shall also apply to the 12 langars as are being proposed for the commercial establishments.
3. Environment Protection Measures i. Sanitation and Environment Fee: A mandatory sanitation and environment protection fee will be charged from each trekker/tourist/yatri during the registration process as well as commercial establishments permitted by the Forest Department and the Langars permitted by the MMT. These funds will be used for:
➢ Implementing sanitation measures (e.g., waste management systems, portable toilets).
➢ Environmental conservation efforts (e.g., trail maintenance, resource protection).
ii. Regulation Period: The rules and regulations outlined in this SOP will be enforced from May to October, when the area is accessible. Adjustments may be made based on weather or environmental conditions.
4. Monitoring and Enforcement i. The Forest and Wildlife Department, along with the Police, will conduct regular patrols to ensure compliance with environmental and commercial regulations.
ii. The MMT will review compliance reports and take corrective actions where necessary.
iii. Commercial activity will be closely monitored, and licenses may be revoked for non-compliance with environmental and product restrictions In addition, the Committee also makes the following recommendations for ensuring better sanitation facilities in the Manimahesh Dal Lake trek:
1. Adequate number of toilets using appropriate technology will be constructed along the Yatra route and in the campsites.
The provision of 200 toilets for around 6 lakh pilgrims is less and the number of toilets shall be increased keeping in view the carrying capacity calculations as carried out by the expert agencies.
2. Scientific management of waste including Waste segregation at source will be carried out along the Yatra route as has been started during this year in collaboration with Healing Himalayas. The learnings from this year will be utilized to further strengthen the system. Promote the use of reusable and biodegradable materials like pattal plates for food among pilgrims and set up awareness campaigns to educate visitors about the importance of keeping the area clean.
3. Sanitation staff for toilets and waste management in adequate numbers will be engaged. Placement of Green-Warriors at frequent interval involving NGO to promote and encourage yatris/trekkers/ tourist and temporary shop owners to comply with green practices.
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4. Himachal Pradesh State Pollution Control Board (HPSPCB) will collect water samples from both the lake and downstream (D/s) areas during the Mani Mahesh Yatra. This will allow for a comprehensive assessment of water quality and identifying any pollution caused by the influx of pilgrims and activities during the yatra.
5. Stringent penalties for unauthorized waste dumping will be enforced to promote responsible waste disposal practices.
6. A Material Recovery Facility (MRF) will be established at Hadsar for scientific solid waste management of the waste generated due to trekking activities during Yatra period and at other times.
7. Awareness campaigns to educate the community about the Solid Waste Management & environmental protection of this eco sensitive area in association with NGOs/CBOs and other stakeholders will be organized."
10. Shri Divyanshu Srivastava, Advocate has appeared on behalf of State of Himachal Pradesh. He states that State is ready to comply with recommendations made in the Joint Committee Report and it has no objection against the above report.
11. In the circumstances, we accept above report and direct State of Himachal Pradesh through Chief Secretary to ensure implementation and compliance of recommendations made by Joint Committee in above report dated 01.10.2024 by issuing appropriate directions to concerned Departments who have to undertake activities for implementation of various recommendations made by Joint Committee so that, next year Yatra may not face similar problems as have been noticed in the past.
12. Chief Secretary, Himachal Pradesh shall submit a compliance report by 31.01.2025 with Registrar General of this Tribunal, who, if finds that any further order is required, may place the matter before appropriate Bench.
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13. With above observation/direction, this application is disposed of.
Sudhir Agarwal, JM Dr. Afroz Ahmad, EM October 18, 2024 Original Application No. 689/2024 AB 15