New Delhi: The Supreme Court on Tuesday directed the Himachal Pradesh government to answer whether it had a “climate change policy” aside from explaining its disaster management plans in view of the state’s “fragile” ecological system.
A bench of Justices Vikram Nath and Sandeep Mehta said the current monsoon season saw unprecedented rain “causing havoc” in the state’s fragile ecosystem while resulting in widespread damage to life and property.
“Evidently, the state of Himachal Pradesh and for that matter, all the states in the Himalayan region are facing a serious existential crisis,” it added.
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The bench was acting in a suo motu case relating to the ecology and environmental conditions in the state.
Senior advocate K Parameshwar, the amicus curiae, flagged several issues requiring state’s response.
The bench said the issue ranged from zoning, tree or forest cover to compensatory afforestation, climate change, disaster management plan, roads, hydroelectric projects, mining and use of heavy machinery to tourism and multi-storey buildings.
It said the questionnaire submitted by the amicus was exhaustive and the answers would be essential for carrying the matter forward.
“These responses would assist the court in arriving at a considered decision for the purpose of framing guidelines/measures to protect the citizens at large and the fragile ecological system in the state of Himachal Pradesh,” the order said.
The state was as a result asked to furnish its response supported by an affidavit of the principal secretary of the state’s forest department by October 28.
“Does the state of Himachal Pradesh has a climate change policy? If yes, details/ copy of the same to be placed on record,” one of the questions read.
It also asked has the state conducted any study of the present as well as future projections of the effect of climate change on the ecosystem of Himachal Pradesh.
The bench sought details of measures, if any, employed by the state to pre-emptively mitigate the damages caused by climate change and sought information on disaster management plans and its implementation.
“Details of funds allocated for disaster management in the state for the last twenty years and the details of utilisation thereof, to be placed on record,” it said.
The bench also sought details of state and national highways in the state with specific details on the number of four-lane highways.
“Details of total number of rivers in the state and the number of hydroelectric projects operating on each river along with the date of their commencement, to be placed on record,” the apex court said.
It also sought details of any study, periodic or otherwise, on the cumulative impact of hydroelectric projects after its completion.
The bench also asked about the current status of proposals for new hydroelectric projects pending with the state.
“What are the criteria on the basis whereof, zoning (if any), is done in the state of Himachal Pradesh, that is to say, whether zoning (if any) is done on the basis of seismic activity/landslides/green cover/eco-sensitivity?” it asked.
The bench sought to know about the total designated forest area in the state along with the area diverted for non-forest use in the last two decades.
“Has the state got conducted any tree survey and/or forest surveys and/or any other study to analyse the changes, if any, in the green cover in the state? If yes, detailed survey report to be placed on record,” it asked.
It also sought details about the number of trees planted by the state, public sector undertakings and private entities in the last 20 years as a part of compensatory afforestation.
The state also has to inform about the number of mining operations and ongoing leases besides the ones pending approval.
“The measures, if any, employed by the state to assess the impact of use of heavy machinery and use of explosive materials during the course of execution of work, whether mining or otherwise. The relevant rules, circulars, notifications, etc., to be placed on record,” the bench said.
Asking for details on hotels, industries, short-term rental accommodations for which permissions were granted by the state over the last 10 years, the bench said, “Measures, if any, employed by the state to regulate the tourist activity within the state especially in the peak monsoon season. Details of the same to be placed on record.”
The order further asked details of prosecutions initiated under the Himachal Pradesh Town and Country Planning Act, 1977, for illegal constructions.
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