THe sublime margaret court has taken suo motu ken of what it said was tomb ecologic crisis facing Himachal Pradesh, warning that unscientific construction and development could cause the entire hill state to “vanish into thin air” from India’s map.The court partly blamed “unscientific construction” for recent natural disasters, and said that tourism pressure fuelled by “human greed and apathy” is undermining the state’s ecological fabric, an intervention that came during a hearing on a petition by a resort company challenging the state’s June 6 notification declaring Tara Mata hill a ‘green area’ with construction restrictions.While dismissing the resort’s plea and lauding the notification, the bench of justices JB Pardiwala and R Mahdevan expanded the case’s scope to address the broader environmental emergency gripping the state.“We want to impress upon the state government and Union of India respectively that earning revenue is not everything. Revenue cannot be earned at the cost of environment and ecology,” the court said. “If things proceed the way they are as on date, then the day is not far when the entire State of Himachal Pradesh may vanish in thin air from the map of the country.”Hoping this never happens, the court posted the matter for 25 August and sought the state’s response on whether it has an action plan, emphasising that time is of essence as “the situation in the state has gone from bad to worse.”The court’s sharp observations came against the backdrop of widespread devastation that struck tourist towns in Kullu, Mandi, Shimla and Chamba districts during the monsoon seasons of 2023 and the one underway at present. “Nature definitely is annoyed with the activities which are going on in the State of HP,” the bench said, noting that landslides and flash floods have become commonplace in the state, which is prone to natural calamities.Partly attributing the natural calamities to “unscientific construction,” the court warned that unchecked tourism pressure could “severely undermine the ecological and social fabric of the state.”The court highlighted how “human greed and apathy” is driving the construction of four-lane roads to promote tourism, with heavy machinery and explosives weakening mountain slopes. It flagged the depletion of forest cover and receding glaciers as contributors to climate change, alongside unplanned hotel and resort construction that violates zonal plans and environmental clearances.“Since the state lies in the lap of the Himalayan peaks, it is important to seek the opinion of geologists, environmental experts and local people before any development project is undertaken,” the court said.The bench also noted significant problems including waste generation, traffic congestion, noise pollution, overuse of water resources, and encroachment into ecologically sensitive areas.“Ecological diversity and growing human demands necessitate immediate sustainable planning and conservation measures,” the court said, directing its registry to issue notice to the Himachal Pradesh government. The court expects the state to file an appropriate reply explaining whether it has an action plan and “what do they propose to do future.”Looking beyond the state’s borders, the court emphasised the need for “all Himalayan states, pan India to collate resources and expertise so as to ensure that development plans are cognisant of these challenges.”
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