Himachal may vanish in thin air, cautions Supreme Court

The Supreme Court has expressed serious concerns over ecological imbalance in Himachal Pradesh and warned that the entire state may “vanish in thin air” if unregulated development continues unabated.

“We want to impress upon the state government and (the) Union of India, respectively, that earning revenue is not everything. Revenue cannot be earned at the cost of the environment and ecology. If things proceed the way they are as on date, the day is not far when entire HP may vanish in thin air from the map of the country,” a Bench led by Justice JB Pardiwala said.

“God forbid this doesn’t happen. Therefore, it is of utmost necessity that adequate steps are taken at the earliest in the right direction,” said the Bench, which also included Justice R Mahadevan.

The top court made the observations on July 28 while dismissing an appeal filed by M/s Pristine Hotels and Resorts Pvt Ltd against the high court’s decision upholding the state government’s June 6 notification that formed the basis for denial of permission to construct a hotel at Shri Tara Mata Hill, declared a “Green Area” prohibiting all private construction on the site.

Initiating a suo motu PIL on the issue, the Bench asked the state to submit a report within four weeks about the steps taken to address the deteriorating ecological and environmental conditions prevailing in the region.

“We expect the state to file an appropriate reply explaining whether they have any action plan to meet with the issues we have discussed and what they propose to do in the future,” the Bench said.

“The petition stands dismissed. However, in larger public interest, we would like to keep this matter alive so far as the issues relating to ecology and environmental conditions prevailing in the state are concerned,” it said, directing the top court Registry to register a PIL and place it before the CJI for appropriate orders.

It also directed the Registry to forward a copy each of its order at the earliest to the Himachal Pradesh Chief Secretary and the Principal Secretary, Union Ministry of Environment, Forest and Climate Change.

Noting that “climate change is having a visible and alarming impact on Himachal Pradesh”, the Bench observed: “The state has been witnessing rising average temperatures, shifting snowfall patterns, and an increase in the frequency and intensity of extreme weather events. Glaciers, the primary source of many rivers in the region, are retreating at a concerning rate, raising the risk of glacial lake outburst floods. The biggest Bara Shigri glacier in Lahaul Spiti has been reduced by almost 2-2.5 km.”

“Unseasonal rainfall and prolonged dry spells affect agriculture and water availability. Erratic weather patterns also destabilise slopes and affect biodiversity. These changes threaten not only the environment but also the livelihoods of local communities dependent on farming, horticulture, and eco-tourism,” the court said.

“Deforestation and forest degradation are major concerns. Forest fires, encroachments, overgrazing, and the expansion of agricultural and urban areas are all contributing factors. All development-related projects often result in tree felling and habitat fragmentation. Loss of forest cover not only reduces biodiversity but also weakens the soil, increasing the risk of landslides and erosion,” the top court added.