State Must Ensure Clean Environment, HP High Court Dismisses State Govt's Plea Challenging NGT's Jurisdiction Over Eco-Sensitive Areas

A bench comprising Justices Vivek Singh Thakur and Bipin Chander Negi observed,

“The existence of the Tribunal without its broad restorative power under Section 15 (1) (c) read with section 20 of the Act, would render it ineffective and toothless and shall betray the legislative intent in setting up a specialized Tribunal to address environmental concerns”.

Background:

The case in question originated from an Original Application filed before the NGT by environmental activist Ramesh Chand against the State of Himachal Pradesh and others. The application raised concerns about unregulated and unsustainable construction, particularly in the Manali area, and its adverse impact on the environment. The NGT, in its subsequent proceedings, had sought records from the Himachal Pradesh Pollution Control Board and Town and Country Planning Department, revealing a worrisome state of affairs.

The state government contested the NGT's jurisdiction to intervene in the matter. Their arguments primarily focused on two points: firstly, that the petitioner's allegations pertained to specific individual cases and not a general issue, and secondly, that the NGT lacked the power to take suo-moto action without a formal complaint.

Court Observations:

The bench dismissed both arguments and asserted that the NGT's powers under Section 15 of the National Green Tribunal Act 2010 are not limited to specific complaints and extend to addressing broader environmental issues, even without a formal petition.

Citing Director General (Road Development) National Highways Authority of India vs. Aam Aadmi Lokmanch and others, (2021) the bench observed,

“The principles of sustainable development, precautionary principle and polluter pays, propounded, have now been embedded as a bedrock of environmental jurisprudence under the National Green Tribunal Act..Therefore, wherever the environment and ecology are being jeopardized, the Tribunal can apply Section 20 for taking restorative measures in the interest of environment”

Emphasising the state's constitutional obligation to ensure a clean environment for its citizens the bench pointed out the state's own reports acknowledging the serious environmental degradation in the region and its failure to take adequate measures to curb it. This inaction, the court observed, stood in stark contrast to its responsibility as a trustee of the environment.

The Court further rejected the state's claim that the NGT had overstepped its bounds by accepting the report of an expert committee constituted to assess the carrying capacity of the region. They emphasized that the NGT acted well within its authority to consider such reports and issue directions based on them, especially in the absence of any concrete action from the state to determine the area's ecological limitations.

“The Tribunal taking into account unregulated growth in the area under study on account of increased number of Hotels due to advent of tourism, which also resulted in vehicular pollution, high generation of solid waste and further noticing compounding of the problem on account of inadequate infrastructure decided to accept the Expert Committee Report”, the bench recorded.

Highlighting the State's constitutional obligation to ensure a clean environment for its citizens the court remarked that the state must act as a facilitator rather than an obstructionist in environmental matters.

Thus it dismissed the plea.

Case Title: State of Himachal Pradesh & anr Vs Ramesh Chand & anr.

Citation: 2023 LiveLaw (HP) 81

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