National Green Tribunal
News Item Titled " Need To Declare The ... vs Coram: Hon'Ble Mr. Justice Prakash ... on 1 September, 2025
Item No. 25 Court No. 1
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 720/2023
News Item titled "Need to declare the Higher Himalaya an eco-sensitive
zone" appearing in Current Science dated 25.10.2023.
Date of hearing: 01.09.2025
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE MR. ISHWAR SINGH, EXPERT MEMBER
Respondents: Mr. Avneesh Arputham & Mr. Ankit Sharma, Advs. for MoEF&CC
Mr. Adarsh Chamoli, Adv. for R - 2
Mr. Anil Jaryal, Adv. for R - 3 (Through VC)
ORDER
1. In this original application, the issue under consideration relates to the declaration of higher Himalayas as eco-sensitive zone and its protection.
2. The Tribunal by order dated 18.12.2023 had appointed a joint Committee. The joint Committee had initially submitted the interim report on 01.04.2025. Thereafter, the final report has been submitted by the joint Committee alongwith the affidavit of MoEF&CC dated 11.07.2024. The recommendations made by the joint Committee in its final report are as under:
"1. Early warning system should be developed for any abnormal weather condition, river flow, snow melting, etc. and properly communicated to the downstream for better management. There is a need of proper monitoring mechanism for glacier, weather, glacial lakes, river flow (including sediment), forest fire and mountain biodiversity to ensuring the continuous flow of ecosystem services.
2. Although the previous studies in similar region have projected the increase in intensity and frequency of large floods, which 1 may cause increased sediment transport. However, the sediment transport is a complex phenomenon which depends on interactions between flow, grain size distribution, sediment supply, sediment availability and various other factors. Currently, we don't have sufficient quantitative evidences from the region to draw scientific inferences on sediment transport. The previous studies on sediment yield in the Himalayas in the similar elevations have reported large variations (nearly one order of magnitude) and are subject to several methodological assumptions and limitations such as absence of bedload measurements, variations in measurement methods, reliance on short-term records, and uncertainties in erosion rates derived from cosmogenic nuclides.
3. The major construction activities, i.e., hydro-electric projects, road, tunnels can be permitted only after detailed engineering geological and geotechnical investigations. The causes/impact of the construction activities can be analysed thoroughly before the execution. In prominent tourist area, 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 (~23) by experts on annual or biennial basis can be conducted at State level authorities to ensure the safety of the building. Hotels and residential constructions can be permitted only after detailed information on geology, geomorphology, slope stability and proper planned drainage and waste disposal system.
4. The anthropogenic interventions might have impacted the stability of the slopes in Uttarakhand. It can be minimized or mitigated by the proper scientific study of different factors of soil/overburden parameters like their physical shear strength parameters, slope degree, bearing capacity assessment to name a few which can be used to put in place the proper regulations for town planning and to improve the existing construction practices. Increased pressure on infrastructure resulting from tourism activities places additional load on scarce water supply, sanitation, and waste management arrangements in many places of higher Himalayas.
5. To check the slope instability and support the sustainable tourism practices the lighter eco-friendly accommodations along with responsible waste management need to be promoted.
6. The awareness drives need to promoted and adequate policy changes in the town and country planning act must be put in place. There is dire need to promote eco-tourism, local governance, and stricter environmental regulations.
7. The rock structure and stability not be damaged 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.2
8. Provision of effective drainage system should be ensured among the proposed area of concern. 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 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.
9. Afforestation of degraded slopes can be initiated, that can help to anchor the soil and prevent erosion. Broad-leaved native trees (i.e., Oaks) can be promoted for stabilizing slopes, especially in the landslide prone areas.
10. 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 waste. IEC activities to be promoted amongst visiting tourist towards solid waste and plastic waste management.
11. 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.
12. Local people should be involved in the Environmental Conservation programs and awareness/training on landslides, mountain risks, etc. to be initiated.
13. In higher Himalaya, the carrying capacity of tourist places, alpine pastures /meadows, etc. should be conducted. Entry of tourists, grazers, etc. can be only permitted according to the carrying capacity."
3. The Respondent No. 2, State of Uttarakhand has responded to the above recommendations in the reply affidavit dated 26.08.2025 in the following tabulated form:
Recommendation of Joint Relevant Department -Wise Committee Information a. Early Warning System should 1. Office of the Chief be developed for any abnormal Conservator of Forests, weather condition, river flow, Forest Fire and Disaster snow melting, etc. and Management, Uttarakhand, properly communicated to the Dehradun:
downstream for better - For strengthening forest management. There is a need fire management through of proper monitoring customized weather mechanism for glaciers, forecasting, an MoU has weather, glacial lakes, river been executed between 3 flow (including sediment), the Forest Department, forests fire and mountain Uttarakhand, and the biodiversity to ensuring the India Meteorological continuous flow of ecosystem Department, with services. Government approval (Letter No. 03/X-2-2025-
21(20)/2024 (E-78584)
dated 01.01.2025). The
process of establishing
Automatic Weather
Stations (AWS) in
sensitive forest areas is
underway.
2. Disaster Management
Department:
- Disaster Risk Data base
(DRDB) is required to be
upgraded.
- State Disaster
Management Plan
(SDMP) and District
Disaster Management
Plan (DDMP) is being
upgraded.
- The Uttarakhand State
government has
developed an earthquake
warning systems, a total
of 177 sensors and 112
sirens have been
installed.
- For effective control and
reduction of landslides
within the state of
Uttarakhand a separate
Uttarakhand landslide
Mitigation and
Management centre
(ULMMC) have been
established.
- For advance warning of
lightning strikes Climate
Resilient Observing
System Promotion
Council. MoU has been
signed with (CROPS).
- Incident Response
System (IRS) has been
activated at State,
District and Tehsil level.
4
- Flawless coordination
with central agencies and
home ministry control
room for aircraft and
helipad services.
- Emergency Response
and Assistance system
(ERSS) and Common
Alert Protocol (CAP)
have been practically
implanted.
- Development of THDC
Alarm System is required
under the leadership of
SEOC .
- To get accurate
information about
weather forecast in the
state, Doppler Radars
have been installed in
three places namely
Mukteshwar, Lansdowne
and Surkanda which will
make the weather
forecast in the state more
accurate.
b. Although the previous studies
in similar region have Irrigation Department: projected the increase in intensity and frequency of - The Ganga and Yamuna large floods, which may cause are inter-state rivers increased sediment transport. originating in Uttarakhand However, the sediment and flowing through transport is a complex several other states. As per phenomenon which depends Entry 56 of the Union List on interactions between flow, in the Seventh Schedule of grain size distribution, the Constitution of India, sediment supply, sediment the power to make laws or availability and various other regulations regarding such factors. Currently, we don't rivers rests solely with the have sufficient quantitative Central Government. The evidence from the region to higher Himalayas, from draw scientific inferences on which these snow-fed sediment transport. The perennial rivers originate, previous studies on sediment extend across Jammu & yield in the Himalayas in the Kashmir, Himachal similar elevations have Pradesh, Uttarakhand, and reported large variations the North-Eastern states. (nearly one order of Therefore, policies and magnitude) and are subject to scientific studies must be several methodological undertaken at the national 5 assumptions and limitations level through central such as absence of bedload institutions such as WIHG measurements, variations in (Dehradun), NIH measurement methods, (Roorkee), NEERI reliance on short-term (Nagpur), GSI, IITs, Survey records, and uncertainties in of India, and CWC. Given erosion rates derived from their inter-state character, cosmogenic nuclides. any related policy must be framed and finalized by the Central Government.
c. The major construction activities, i.e., hydro-electric Uttarakhand Pollution Control projects, roads, tunnels can be Board: permitted only after detailed - Major construction activities engineering geological and i.e. hydroelectric projects, geotechnical investigations. road, tunnels, building The causes/impact of the marking 20000 m2 covered construction activities can be under EIA notification, they analyzed thoroughly before the need prior environment execution. In prominent tourist clearance before obtaining areas, proper examination of CTE from UKPCB under air existing building and it may be water acts. During the necessary to strengthen the process of environment retrofitting of structures to clearance they needs to prevent them from sliding or submit details of EMP before collapsing. This could involve the MOEFCC/SEIAA after underpinning or adding evolution their EMP, EC is reinforcement to the granted by concern foundations. Technical authorities if any such auditing of Multi-Storey conditions imposed in EC, buildings by experts on annual PCB shall impose and or biennial basis can be monitor in their CTE & CTO conducted at State level compliances.
authorities to ensure the safety of the building. Hotels and residential constructions can be permitted only after detailed information on geology, geomorphology, slope stability and properly planned drainage and waste disposal system.
d. The anthropogenic Urban Development interventions might have Directorate: impacted the stability of the - In higher Himalayan areas slopes in Uttarakhand. It can of Uttarakhand, Solid Waste be minimized or mitigated by Management is being the proper scientific study of carried out by all ULBs. different factors of Under SBM 1.0, 62 MSW soil/overburden parameters treatment facility DPRs 6 like their physical shear costing Rs. 323.59 Cr were strength parameters, slope approved. Under SBM 2.0, degree, bearing capacity 15 legacy waste remediation assessment to name a few proposals were submitted, which can be used to put in 14 approved, and funds place the proper regulations allocated for 8. MoUs have for town planning and to been signed for two 500 TPD improve the existing torrefied charcoal plants at construction practices. Haldwani (NN-NTPC) and Increased pressure on Haridwar (NN- infrastructure resulting from THDCIL/UJVNL). Three tourism activities places an MSW processing & SLF additional load on scarce facilities (Dehradun-200 water supply, sanitation, and TPD, Haridwar-150 TPD, waste management Kirtinagar-5 TPD) and 14 arrangements in many places MSW facilities with 85 MRFs of the higher Himalayas. (450 TPD) are functional.
Work on 49 MSW/MRF/compost plants is in progress. Two CBG plants (58 TPD) and 82 plastic compactors (400 TPD capacity, Rs. 5.19 Cr revenue till Dec 2024) are operational. Additionally, 663 NADEP/compost pits are used for wet waste processing, and a 5 TPD Plastic-to-Plank system has been installed at NPP Muni-
ki-Reti.
e. To check the slope instability Uttarakhand Pollution Control and support the sustainable Board: tourism practices the lighter - PCB has categorised eco-friendly accommodations hotels/restaurant/ashram along with responsible waste in Red, Orange and Green management need to be category. It is mandatory to promoted. provide STPs in projects covered under Red/Orange categories to manage sewer waste.
f. The awareness drives needs to 1. Uttarakhand Pollution promoted and adequate policy Control Board: changes in the town and - PCB conducts IEC country planning act must be activities to promote put in place. There is dire need biodegradable to promote eco-tourism, local alternatives and enforce governance, and stricter the ban on single-use environmental regulations. plastic. Three Plastic Raths on the Char Dham route covered 6,186 km 7 in 28 days, spreading awareness through community sessions.
About 11,300
posters/stickers and
8,000 cloth bags were
distributed. The PWM
Rath campaign in all 13
districts used street
plays, videos, door-to-
door campaigns, and
audio jingles to highlight
the harms of single-use
plastic and encourage
alternatives.
g. The rock structure and Disaster Management
stability not be damaged by Department: digging or blasting the - For effective control hillsides. In landslide prone and reduction of areas, stones and boulders landslides within the should not be removed from state of Uttarakhand a the bottom of the hill because separate Uttarakhand this would remove toe support, landslide Mitigation increasing the likelihood of and Management landslides. It is necessary to fill in any cracks that have centre (ULMMC) have appeared on the slopes. been established. h. Provision of an effective 1. Irrigation Department: drainage system should be - The Irrigation ensured among the proposed Department, area of concern. Due to the Uttarakhand, is lack of proper surface responsible for draining system, the rainwater channelizing storm water of most of the buildings is from catchment areas to being infiltrated into the the nearest natural drains. ground which generates sub- A master drainage plan surface flow and accelerates has been executed at the process of land creeping Bhagwanpur (Haridwar) resulting in damage to and is under execution at buildings and other properties Muni Ki Reti (Tehri causing economic and Garhwal). DPRs for 17 environmental disruption. For towns are under safeguarding the buildings and preparation, to be environmental conservation, it implemented in phases as is necessary to ensure that the per state resources and rainwater of each building budget. DPRs for roof is being drained out remaining townships will properly into the nearest also be prepared and natural drainage line. executed in a phased manner.8
2. Uttarakhand Peyjal Nigam:
- Drainage work is not the mandate of Uttarakhand Peyjal Nigam.
i. Afforestation of degraded slopes can be initiated, this Forest Department:
can help to anchor the soil and (Information has been prevent erosion. Broad-leaved sought from the above native trees (i.e. Oaks) can be departments. However, no promoted for stabilizing information has been slopes, especially in the furnished) landslide prone areas.
j. The regulations related to 1. Uttarakhand Pollution waste management should be Control Board: strictly followed. Dumping - The PCB activity followed sites around water bodies the registration related to should be strictly restricted to waste management. NO prevent pollution threats on CTE shall be issued the important sources of beyond the criteria drinking water of the city. QR mentioned in the MSW code based Digital Direct Rules. Time to time Refund System should be complained covered filed implemented for management against the local bodies in of plastic waste. IEC activities Hon'ble designate court to be promoted amongst for non-compliance of visiting tourist towards solid MSW rules presently case waste and plastic waste under trial. The Digital management. Refund System (DRS) was introduced in the eco-
sensitive Char Dham region to manage plastic waste, especially PET bottles. Consumers pay a deposit at purchase and receive a refund upon returning empty containers, incentivizing collection and recycling.
Over 20 lakh bottles have been recovered, saving 66 MT of CO₂ emissions, with collected waste sent to registered processors. The initiative, which has reduced littering and promoted responsible disposal, is now being developed into Rules for state-wide implementation.9
k. Strict measures should be 1. Uttarakhand Pollution made to promote the usage of Control Board biodegradable materials and - Single-use plastic (SUP) is ban on use of Single Use banned in Uttarakhand, Plastics (SUPS) items should with regular IEC drives be strictly enforced. promoting biodegradable alternatives. UKPCB has distributed 8,000 cloth bags and 11,300 leaflets for awareness. The state generates 55,991 MTPA plastic waste, with 62 registered recycling units having a combined capacity of 1.77 lakh TPA.
Restrictions on supply,
storage, transport,
manufacture, sale,
purchase, and import of
identified SUP items have
been enforced vide
notification dated
16.02.2021.
l. Local people should be 1. Office of the Chief
involved in the Environmental Conservator of Forests,
Conservation programs and Forest Fire and Disaster
awareness/training on Management, Uttarakhand,
landslides, mountain risks, etc. Dehradun: to be initiated. - Uttarakhand holds a special place due to its rich biodiversity, more than two-thirds of the state's land area is covered with forests. Here a large population not only resides near forest areas but also depends on forests for its various daily needs. The Forest Department ensures continuous public participation in the conservation and development works of forests. Along with this, public awareness programs are organized from time to time (especially through forest fire safety week, wildlife safety week, Harela etc.) 10 through mass publicity, seminars / workshops to get maximum public cooperation in the conservation of forests and wildlife, forest fire control / management, human-wildlife coexistence etc.
- Awareness/training on other aspects of environmental conservation with respect to wildlife (flora and fauna) is conducted on regular basis on the field.
Funds are obtained through various centrally as well as state sponsored schemes.
2. Uttarakhand Pollution Control Board:
During IEC activities a Char Dham route plastic Raths with screen display used to create awareness.
m. In higher Himalayas, the Uttarakhand Pollution Control carrying capacity of tourist Board:
places, alpine - Carrying capacity study pastures/meadows, etc. should of Char Dham has been be conducted. Entry of awarded to Wildlife tourists, grazers, etc. can be Institute of India. "
only permitted according to the carrying capacity.
4. The response of Respondent No. 3, State of Himachal Pradesh to the recommendations of the joint Committee in its affidavit dated 24.05.2025 is as follows:
" S. Recommendations of the Response No Joint Committee a. Early Warning System 1. It is submitted that Government of Himachal should be developed for any Pradesh (GoHP) in collaboration with the abnormal weather condition, Government of India, through Himachal river flow, snow melting, etc. Pradesh State Disaster Management Authority and properly communicated (HPSDMA) has installed three Doppler Radars to the downstream for better in Shimla (Kufri), Chamba (Jot) and Mandi management. There is a (Murari Devi) in the year 2021 and 2023 need of proper monitoring respectively. The installation of two additional 11 mechanism for glaciers, Doppler Radars i.e one in Kinnaur and one in weather, glacial lakes, river Lahaul & Spiti to strengthen the weather flow (including sediment), monitoring network in Himachal Pradesh are forests fire and mountain under progress. These Doppler Radars are biodiversity to ensuring the highly effective and will minimize risks due to continuous flow of ecosystem adverse weather events. services.
2. The GoHP through HPSDMA will install 48 Automatic Weather Stations (AWS), Automatic Rain Gauges (ARG), and Automatic Snow Gauges (ASG) in Community Development Blocks that currently lack such facilities.
3. To enhance weather forecasting and the Early Warning System, HPSDMA signed a Memorandum of Understanding (MoU) with Indian Meteorological Department (IMD) on 06.09.2024. This collaboration aims to establish a weather network station and a real-time weather information system to improve preparedness and mitigate hydro- meteorological hazards in Himachal Pradesh.
4. In addition, HPSDMA has sent proposals to the National Disaster Management Authority (NDMA) for planning mitigation measures related to the four pro-glacial lakes. For detailed studies, the Disaster Management Cell is collaborating with the Centre for Development of Advanced Computing (C-DAC), Pune, and National Remote Sensing Centre (NRSC), Hyderabad. As part of this work, C-
DAC has completed the geological and bathymetric survey of the Parvati (upstream of Khir Ganga) and Baspa (upstream of Sangla) lakes and submitted its findings. NRSC Hyderabad has completed the modelling for the Gepang Gath lake. Onsite survey of the Satluj lake (northwest of Kalka, along the Kashang Gad) will be conducted during the summer season after the snow is cleared. Mitigation work for these lakes will commence upon receipt of funds from NDMA.
5. Every year, during the onset of the forest fire season, HPSDMA is issuing alerts based on information received from the Forest Survey of India via the SACHET App, National Disaster Alert Portal regarding forest fire prone areas on annual basis. This information is shared with concerned District Disaster Management Authorities (DDMAs) and departments to help safeguard valuable forest resources.
6. These initiatives are expected to significantly enhance weather observation and monitoring networks as well as the issuance of early warning in the State. As a result, the damage and losses from disasters are minimized by the strengthening the early warning system.
7. The HPSDMA has initiated the Himachal Pradesh Disaster Risk Reduction Program (HPDRRP) funded by Agence Francaise de 12 Development / French Development Agency (AFD). The primary objective of this program is to enhance the Disaster Risk Management (DRM) and Climate Change Adaptation (CCA) capacity in the State of Himachal Pradesh. An integrated, multi-sectorial approach focusing on capacity building, education, and training in Disaster Risk Reduction (DRR) and CCA. The program was officially launched following the signing of the Program Operation Manual (POM) between the Government of Himachal Pradesh and AFD on 10th January 2025. The program will be implemented over a period of five years, and out of the 20 identified projects, two are specifically dedicated to the establishment of Early Warning Systems (EWS) which are as under:
a. Under the HPDRRP, Project 2.1 has been allocated funds specifically aimed to setup a comprehensive multi-hazard Early Warning System (EWS) across the State to mitigate the impacts of various disasters. The installation of the EWS will address the following hazards:
a) Landslides,
b) Flash floods,
c) Cloudbursts,
d) Glacial Lake Outburst Floods (GLOF) Major Equipment/technologies to be used to mitigate impacts of hazards are as under:-
i) Automatic Weather Stations (AWS)
ii) Automatic Rain Gauges (ARGs)
iii) Real-time River Level Monitoring through Sensors
iv) Remote Sensing and GIS-Based Landslide Susceptibility Mapping.
v) Internet of Things (IoT) based Sensors deployed in vulnerable slopes for movement detection.
vi) Glacial Lake Monitoring with Remote Sensing - through ISRO, NRSC.
vii) Early Warning Sirens/Alerts in downstream villages.
b. Project 2.2 Developing climate/ weather related forecast for agriculture and horticulture. The project aims to expand the network of weather stations and real-time observatories across the State as under:
a) Digitization of administrative boundaries and implement a polygon-based warning system for farmers.
b) Automatic weather stations, including rain gauges, will be established up to the block level.
c) To enhance Agromet Advisory Services (AAS) to make them more crop- and location-specific.
d) Improved weather-based advisories will support farmers in better planning and decision-making.
e) The information needs of diverse end-
user groups within the farming 13 community will be assessed.
f) The project will contribute to developing weather-based strategies for crop and livestock management.
g) To increase agricultural productivity and ensuring food security.
h) Local communities will be actively involved in disseminating weather forecasts at the household level.
The Early warning system is essentially required to be developed and installed for monitoring the river flow, glacial lakes, etc. As per the mandate of the Dam Safety Act, 2021, it is mandatory for all the specified dam owners to install inflow forecasting system and emergency flood warning system for the probable flood affected areas in the downstream of the dam. However, we need to develop inflow and flood warning system basin wise for all the Major Rivers which is capable of forecasting real time inflow, river flow and alerting all the stakeholders automatically during the time of any eventuality of Cloudburst, GLOF etc. b. Although the previous It is agreed that the sediment yield at the time of studies in similar region have high frequency flood increases manifold causing projected the increase in vide spread damage, destruction and further intensity and frequency of deposition along the river banks in the large floods, which may downstream areas. Considering the large cause increased sediment catchment areas of the high Himalayan region, it transport. However, the would not be feasible to carry out the detailed sediment transport is a investigation in terms of the different weathering complex phenomenon which processes and the sediment yield thereof. It depends on interactions would be more practical to identify the most between flow, grain size vulnerable catchments based on the historical distribution, sediment data for carrying out sediment yield analysis for supply, sediment availability those basins. and various other factors.
Currently, we don't have sufficient quantitative evidences from the region to draw scientific inferences on sediment transport. The previous studies on sediment yield in the Himalayas in the similar elevations have reported large variations (nearly one order of magnitude) and are subject to several methodological assumptions and limitations such as absence of bed load measurements, variations in measurement methods, reliance on short-term records, and uncertainties in erosion rates derived from cosmogenic nuclides.
c. The major construction 1. The Government of Himachal Pradesh has activities, i.e., hydro-electric formulated Swarna Jayanti Policy in the year projects, road, tunnels can be 2022 and the allotment and construction of permitted only after detailed hydro-electric projects in the state is done as engineering geological and per the provisions laid in this policy. The geotechnical investigations. construction of hydro -electric projects only The causes/impact of the starts after the technical concurrence of the 14 construction activities can be Detailed Project Report (DPR) by the analysed thoroughly before competent authority and it covers all aspects the execution. In prominent pertaining to geological and geotechnical tourist area, proper investigations. The Environment Impact examination of existing Assessment (EIA) is also carried by the building and it may be project developers to take the necessary necessary to strengthen the steps for mitigating any adverse impact on retrofitting of structures to the environment. This is executed in line with prevent them from sliding or EIA approval granted by the MoEF & CC, GoI, collapsing. This could involve for large projects and as per State approval underpinning or adding granted for small hydro-electric projects reinforcement to the (HEP). The Environment Master Plan (EMP) is foundations. Technical implemented in letter and spirit as per auditing of multi-storey approval. All the relevant IS codes and other buildings (--≥3) by experts international codes are followed during the on annual or biennial basis construction of hydro-electric projects. can be conducted at State level authorities to ensure the 2. The Department of Town & Country Planning safety of the building. Hotels of GoHP, considering the recent and residential constructions unprecedented rainfalls and the subsequent can be permitted only after disaster across the urban as well as rural detailed information on areas of the State made amendment in geology, geomorphology, Himachal Pradesh Town and Country slope stability and proper Planning Rules dated 08.08.2024. The planned drainage and waste amendment of Rule 21 (3) and 21(4) read as disposal system. under:-
"Rule 21 (3): For all High Risk Buildings as per Risk Based Classification notified by the Government, Geological Investigation Report along with Structural Design Report and Structural Stability Certificate shall be mandatory."
"Rule 21 (4) : The Director may suspend or cancel the registration of any registered Structural Engineer in case structure infirmity is found in the structural design submitted and approved by the concerned Structural Engineer or in case the structural stability certificate is issued by a Structural Engineer upon completion of the building and the building is not found structurally stable."
(Copy of amended Himachal Pradesh Town and Country Planning Rules is annexed as Annexure-
1) Further the distance where construction shall be allowed from nallah and khud were increased to 5 mtrs. and 7 mtrs. respectively.
Also, the directions have been given vide letter dated 22.08.2024 (Copy annexed as Annexure
-2) to all the Urban Local Bodies (ULBs) / Special Area Development Authorities (SADAs) and Town and Country Planning Offices to check the drainage systems of all plots having area more than 500 m² in case of Hotels, Public and Semi- Public Buildings, Commercial Establishments and Real Estate Projects in a campaign mode over the next two months.
153. The earthquake resilient construction techniques are propagated to Rural Local Bodies (RLBs) through training to local masons under MGNREGA and Pradhan Mantri Awas Yojna (PMAY). The Social Impact and Environment Impact assessments of large construction projects are conducted by state government/ project executing agencies and local people are made aware through concerned gram panchayats of such project analysis before beginning of projects.
3. The Public Works Department is constructing roads and Buildings by preparing Detailed Project Reports (DPRs) of each project wherein detailed study of Soil Investigation, Geological Investigation is carried out along with mitigation measures required at a location of particular project. The construction of roads and highways is carried out as per provisions of applicable Indian Road Construction (IRC) Codes and relevant specifications. During road construction work various mitigation measures are taken to mitigate various risks, by incorporating scientific and engineered slope stabilization measures, such as cutting of hill slope at a self-sustaining slope, protection of hill slope by erection of gabion walls, retaining/breast walls and bio-engineering techniques. In addition to this, protection of hill slopes by latest techniques such as self-drilling anchors (SDA), flexible earth percussion anchors, and turf reinforcement mats is being proposed to provide long-term resilience against landslides and ensure the safety of road users and nearby communities. d. The anthropogenic 1. The committee has made specific interventions might have recommendations related to Uttrakhand impacted the stability of the State. However, the State of Himachal slopes in Uttarakhand. It can Pradesh has already undertaken be minimized or mitigated by measures through the Town and Country the proper scientific study of Planning Department (TCP) to improve the different factors of construction practices. soil/overburden parameters 2. To decongest the tourism hot spots in the like their physical shear State, the Department of Tourism and Civil strength parameters, slope Aviation is promoting the Home Stays in degree, bearing capacity the rural areas. This endeavour not only assessment to name a few reduce the pressure on basic infrastructure which can be used to put in like water, sanitation, waste management place the proper regulations in urban areas but also boost the tourism for town planning and to experience of tourists visiting the various improve the existing unexplored destinations in the State. construction practices. 3. In order to manage waste, the Rural Increased pressure on Development Department (RDD) is opening infrastructure resulting from Plastic Waste Management Units PWMU in tourism activities places all Development Blocks to manage plastic additional load on scarce waste. Segregation sheds have been water supply, sanitation, provided and are being established in and waste management 3615 Panchayati Raj Institutions (PRIs) in arrangements in many rural areas of State where recyclable and places of higher Himalayas. non-recyclable plastic waste is to be segregated. Recyclable plastic is sold to 16 local vendors. Non-recyclable plastic waste is given to cement companies for which MoU have already been signed with M/s ACC Ltd., M/s Ambuja Cements Ltd.
and M/s Ultra Tech Ltd.
4. For biodegradable waste, it is being handled through cattle feeding, compost pit making at village level. Nearly 80% of biodegradable waste at Gram Panchayat level is being treated and disposed off through this method safely. For liquid waste community soak pits are being constructed in rural areas of Himachal Pradesh.
5. For sanitation, the Himachal Pradesh has obtained an Open Defecation Free (ODF) State status in the year 2016. For floating population of migrants and tourists, CSCs are being constructed as per need basis in rural areas of Himachal Pradesh. Regular clean-up programmes are organised in the State especially in higher and inaccessible areas to remove, collect and safely dispose off the Non-biodegradable plastics.
e. To check the slope instability 1. The State of Himachal Pradesh has and support the sustainable passed regulations through the Town and tourism practices the lighter Country Planning (TCP) Department and eco-friendly accommodations construction is not permitted on land along with responsible waste having slope more than 45°. Further, as management need to be mentioned in para-supra structural design promoted. report and Structural Stability Certificates are mandatory for all High Risk Buildings. Further, maximum hill cutting in one step has been restricted to 3.5 mts.
2. All Mitigation Measures are based on detailed Geotechnical Investigations, Geophysical Investigations, Topographic Survey, Advanced Slope stabilization techniques, and infrastructure rehabilitation as part of DPRs to ensure the long-term stability of the roads/ Highways. For Proper drainage of surface and subsurface water along any road project drainage network is designed as part of project which finally disposes off the rain water to the nearest natural streams. In case of construction of Buildings also, Geotechnical Investigations, Soil Investigations and Topographic Survey are carried out in the Building Projects including measures for draining of area from rain water runoff.
3. For responsible waste management Rural Development Department (RDD) and Urban Development Departments (UDD) are also carrying out IEC activities to increase awareness besides taking waste management measures.
4. The Tourism Department is sensitizing all tourism stake-holders to discourage the use of polythene/ plastic in the units/ activities. Tourism Units are registered only after obtaining consent to operate for 17 the Pollution Control Board. For eco- friendly accommodations, the home stays are being promoted in the rural areas to decongest the tourist hotspots. The Forest Department is also making efforts to promote eco-tourism in the forest areas through building camping facilities etc. having least environmental impact.
f. The awareness drives needs 1. The Department of Town and Country to promote and adequate Planning (TCP) has taken many steps to policy changes in the town promote safe building construction in the and country planning act State. The Department is carrying out must be put in place. There is awareness activities about the the Town dire need to promote eco- & Country Planning Act, Rules and its tourism, local governance, regulations in the field and awareness and stricter environmental programs are being organized from time to regulations. time to enlighten the general public regarding the crucial role that planning plays in protection of environment, creation of hygienic living spaces and safety from disasters. The amendments made are already highlighted in the paras supra.
2. The Department of Tourism and Civil Aviation, register the camping sites on production of No Objection Certificate (NOC) by the operator from Forest Department, as per the provisions of Himachal Pradesh Tourism Development and Registration Act, 2002. The camping sites for the eco-tourism activities are further regulated by the Forest Department. The Department of Tourism and Civil Aviation also consider the proposals for funding in respect of eco- tourism related activities subject to approval from the competent authority.
3. The Department of Environment Science Technology, Climate Change (DEST&CC), Department of Forest and Pollution Control Board are constantly taking measures to promote and conserve environment of the State. The Environmental regulations are being enforced by these Departments to safeguard the environment in the State. g. The rock structure and 1. The construction of hydro-electric power stability not be damaged by projects involves tunneling and blasting digging or blasting the work and it is undertaken after prior hillsides. In landslide prone permission accorded in accordance to areas, stones and boulders detailed investigation based on geological, should not be removed from geographical and environment & social the bottom of the hill because considerations and concerns. The latest this would remove toe available techniques of controlled blasting support, increasing the and Tunnel Boring Machine (TBM) etc. are likelihood of landslides. It is used for tunnel excavation in hydro-power necessary to fill in any projects. Proper dumping of muck is cracks that have appeared ensured as per approved muck dumping on the slopes. plan and same is being monitored by authorized state departments and the HP State Pollution Control Board.
2. The Public Work Department (PWD) undertakes in road/highway projects and undertakes various slope stability measures so as to ensure the following:
18a) To ensure the long-term stability of the hill slopes and prevent future slope failures, duly taking into account various factors such as soil properties and geological characteristics.
b) Long-term stability of the hill slopes by taking into account the properties of the soil, including its shear strength, cohesion, and angle of internal friction.
Implementing effective engineering measures not only mitigates the risk of slope failures but also ensures the overall safety and sustainability of the existing road and its surrounding infrastructure. Proper slope stabilization techniques promote the long-term stability of the hillside and minimize the potential for future slope failures.
c) By considering the specific site conditions, employing appropriate slope stabilization methods, and adhering to sound engineering practices, the risks associated with steep slopes is mitigated, ensuring the safety and longevity of the slope.
d) The design of slope stabilization technique is determined so as to achieve Factor of Safety in Static and Seismic cases as per IRC: 75-2015 and IRC: SP-48, 2023 (Hill Road Manual).
The above mitigation measures result in significant improvements in road safety, infrastructure resilience, and community well- being. The key outcomes include:
a) Safe passage for commuters
b) Improved road connectivity and economic stability
c) Long-term slope stability and reduced maintenance costs
d) Enhanced Disaster Preparedness and Resilience.
e) Preservation of Environment.
3. The PWD is taking up various technical and scientific measures while carrying out development of roads/highways and buildings in the State for well being of the community as a whole with minimum disturbance and least impact on the environment.
h. Provision of effective 1. The Department of Town and Country drainage system should be Planning has issued regulations to improve ensured among the proposed building activities away from rivers / area of concern. Due to the drainage system as already explained in the lack of proper surface para-supra. Government is ensuring that the draining system, the drains are cleaned before the monsoon rainwater of most of the season and that the encroachments are buildings is being infiltrated removed. Rain Water Harvesting is promoted into the ground which in urban and rural areas. generates sub-surface flow 2. The Jal Shakti Vibhag also ensures that the and accelerates the process rain water harvesting activities are of land creeping resulting in conducted and necessary steps are taken to damage to buildings and prevent flooding of the rivers. The cleanliness other properties causing drives are conducted to preserve the drinking 19 economic and environmental water and natural sources of the water are disruption. For safeguarding conserved effectively.
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.
i Afforestation of degraded Afforestation on degraded forest areas is a
slopes can be initiated, this regular activity of the Forest Department.
can help to anchor the soil Currently the forest cover of the State is about
and prevent erosion. Broad- 28% of the total geographical area as per the
leaved native trees (i.e Oaks) State of Forest Survey Report, 2023. State has set can be promoted for a target to enhance the forest cover to 30% by the stabilizing slopes, especially year 2030 through regular afforestation and in the landslide prone areas. plantation drives by involving the local communities, NGOs, youth etc. Soil binder species are preferred in the landslide prone areas and on slopes. Oak species are also raised in the forest nurseries and are planted as per site specific needs in their natural zone of occurrence. Plantation activities are also undertaken under NGREGA by the Rural Development Department to augment the afforestation activities.
j The regulations related to The State of Himachal Pradesh has made a waste management should pioneer effort by bringing a special legislation be strictly followed. Dumping titled as H.P. Non-Biodegradable Garbage sites around water bodies (Control) Act, 1995 to effectively manage the should be strictly restricted plastic waste. Various notifications have been to prevent pollution threats issued from time to time to ban various single use on the important sources of plastics and penalties have also been imposed. drinking water of the city. QR The Plastic Waste Management Rules (PWMR) code based Digital Direct formulated by the GoI under the Environment Refund System should be (Protection) Act, 2005 are strictly followed in the implemented for State. The Deposit Refund Scheme as envisaged management of plastic under the Extended Producer Responsibility waste. IEC activities to be Guidelines has been drafted and is under active promoted amongst visiting consideration of the State Government. The tourist towards solid waste concerned Departments conduct regular IEC and plastic waste activities for proper collection of plastic waste and management. its safe disposal.
k Strict measures should be 1. Single Use Plastic (SUP) ban is strictly made to promote the usage of enforced in Himachal Pradesh under HP biodegradable materials and Non-Biodegradable Garbage (Control) Act, ban on use of Single Use 1995.
Plastics (SUPs) items should 2. Officers/officials of 14 different be strictly enforced. departments have been given powers of entry, inspection and compounding of offences under the HP Non-Biodegradable Garbage (Control) Act, 1995 through various notifications issued by the Government from time to time.
3. The State has been regulating use of plastic items since 1995 and following regulations have been issued till date:
a) Single Use Plastic has been banned by the State Government vide notification no.
STE-F(4)-1/2020 dated 20.07.2022 under HP Non Biodegradable Garbage (Control) Act, 1995 along with authorization of officers for entry and inspection under Section 7 (A) and to compound any offence 20 as per provisions of Section-11 of the Act ibid .
b) Ban on non-woven carry bags vide Notification No. STE-F-(4)-1/2019-L dated 30th July, 2022.
c) The State Government vide notification no. STE-F(4)-1/2019-L dated 21.01.2025 has banned the biodegradable/compostable carry bags in addition to the identified SUPs already banned.
d) Over time, the Government has observed that the widespread use of polyethylene terephthalate (PET) water bottles, particularly those up to 500 milliliters, has raised significant environmental concerns due to their high potential for littering. Keeping in view the environmental concerns, the State Government, in exercise of powers under sub-section (1) of Section 3-A of the HP Non-Biodegradable Garbage (Control) Act, 1995, has issued a notification No. STE-F(4)-1/2017-L dated 29.03.2025, prohibiting the use of PET bottles (up to 500 ml) in all indoor official meetings, conferences, and events organized by Government Departments, Boards, Corporations, and other State Government organizations. This prohibition also applies to HPTDC hotels and private hotels in the State. These entities shall adopt sustainable alternatives such as glass bottles, water dispensers/kiosks of steel containers.
e) The incidences of littering of bio- degradable and non-biodegradable waste are being observed in the State by tourist vehicles, public & private transport and taxis in Himachal Pradesh which is causing pollution and damage to environment in addition to clogging of drains. Keeping in view the environmental concerns, the State Government, has issued a notification No. STE-F(9)-1/2018- loose dated 28.03.2025, where directions have been passed to all taxi operators, public transport and owners/drivers of private transport vehicles shall install/fix "Garbage Bins" in their vehicles for collection of waste and the same shall be disposed at designated places and thus shall not allow to litter /throw Bio-
degradable/Non-biodegradable material as specified in the H.P. Non-Biodegradable Garbage (Control) Act, 1995.
4. The violators are being penalized and 13,926 no. of challans have been issued till March, 2025 and penalty amount of Rs.
1,19,11,230/- has been collected.
5. The MoEF&CC GoI has issued notification dated August 12, 2021, which mandated banning of identified SUP items with effect from July 01, 2022 and has provided the following mechanism to eliminate the SUPs.
21a) A State level Special Task Force & District Level Task Force notified by the Government for taking measures to eliminate Single Use Plastics (SUPs) in the State of Himachal Pradesh.
b) A State level Comprehensive Action Plan (CAP) and District level Action Plans have been prepared to implement Plastic Waste Management (Amendment) Rules, 2021 to eliminate Single Use Plastic (SUPs) in the State of Himachal Pradesh.
c) In order to have effective implementation of action plans, the meetings of the State Level Task Force are being convened. As on date total five meetings have been convened under the Chairmanship of the Chief Secretary on dated 06.04.2022, 29.06.2022, 16.01.2023, 24.05.2024 & 28.04.2025.
d) The District Level Action Plans in respect of all Districts have been approved and being implemented in respective Districts and are reviewed during the meetings of "District Environment Plan" under the Chairmanship of concerned Deputy Commissioners.
l Local people should be Community education, awareness and capacity involved in the building programmes are undertaken on regular Environmental Conservation basis for environmental conservation and programs and awareness/ mountain risks. The HP State Disaster training on landslides, Management Authority has trained more than mountain risks, etc. to be 25,000 volunteers for mountain search and initiated. rescue.
m In higher Himalayas, the For protecting higher Himalayas, the GoHP is carrying capacity of tourist taking all necessary means to conserve and places, alpine pastures/ sustain the valuable ecosystem. For this purpose meadows, etc. should be the entry of tourists to the protected areas and conducted. Entry of tourists, eco-sensitive areas is properly regulated. The grazers, etc. can be only Department of Tourism and Civil Aviation, permitted according to the register the camping sites on production of NOC carrying capacity." by the operator from the Forest Department, as per the provisions of Himachal Pradesh Tourism Development and Registration Act, 2002.
In addition, the Department of Environment, Science, Technology and Climate Change has also recently undertaken carrying capacity studies of the following areas:-
1. Renukaji Wildlife Sanctuary, Sirmaur.
2. Manali Wildlife Sanctuary, Kullu.
3. Col. Sherjung National Park, Simbalbara, Sirmaur..
Grazing activities in the forest areas is regulated by the Forest Department through issuance of permits. The number of the animals grazing in the meadows/pastures is ensured through the permit system. This system ensures that grazing activities are properly regulated. Grazing activities in the higher alpine pastures is mainly carried out from May to October only.
"22
5. Learned Counsel appearing for the MoEF&CC submits that the response affidavits of the States of Uttarakhand and Himachal Pradesh have been received recently and seeks four weeks' time to examine the stands of the States and file the response. The prayer is allowed.
6. List on 28.11.2025.
Prakash Shrivastava, CP Dr. A. Senthil Vel, EM Ishwar Singh, EM September 01, 2025 Original Application No. 720/2023 dv 23