Joshimath Crisis: ‘State Is Not Serious About Unearthing Real Cause Of Sinking Land’, Uttarakhand High Court Directs Presence Of Chief Secretary

The Uttarakhand High Court has pulled up the state authorities for not associating independent experts for studying the landslides and subsidence in Joshimath area of Uttarakhand.

While noting that in the previous hearing it was directed to involve an expert from the fields including of Hydrology, Geology, Disaster Management and landslides to conduct the study in the Joshimath area, the bench of Chief Justice Vipin Sanghi and Justice Alok Kumar Verma said, “the respondents have not involved experts from the aforesaid fields in the conduct of the study. We get the expression that the State is not serious about unearthing the real causes for land subsidence, and to seriously deal with the situation, which has emerged.”

The bench further added that only thorough study would inform us of the reasons why land subsidence has taken place, how to deal with the same, and prevent it in future.

For non-compliance of the order, the Court directed the Chief Secretary, Government of Uttarakhand to remain present before it on the next date.

These observations came in response to plea filed by PC Tewari through Advocate Snigdha Tiwari, seeking directions to the State for an independent committee of experts including Hydrologists, geologists, glaciologists, disaster management experts, landslide expert to submit the report assessing the current on ground situation of landing sinking in Joshimath and landsliding in Reni and Tapovan.

The petitions highlighted that land sinking and land sliding is caused in Joshimath area due unsustainable development of Tapovan-Vishnugad Hydro-Electric Power dam National Thermal Power Corporation, endangering life of thousands of people living in Joshimath and the area which falls in the vicinity of the dam construction site.

In January, the counsel for the State had informed the Court that the Wadia Institute of Himalayan Geology had already been roped in to make the study, and give the report on the on-going geological activity in the Joshimath area.

Whereas, the counsel for the petitioner Snigdha Tiwari had suggested that independent experts from the fields of Hydrology, Geology, Glaciology, Disaster Management, Geomorphology and landslide experts, may be associated with any such study.

Considering the suggestion the Court directed to involve experts from the above fields.

However, the Court noted that even in May no such experts were associated with the study.

Considering the non compliance of the order the Court directed, “Chief Secretary, Government of Uttarakhand to remain present before us on the next date, either physically, or virtually.”

The matter is now listed for September 22, for further consideration.

Case Title: P.C. Tiwari v. State of Uttarakhand

Counsel for the petitioner: Advocates Snigdha Tiwari and Abhijay Negi.

Rajeev Singh Bisht, Additional Chief Standing Counsel for the State.

Sanjay Jain, Senior Counsel assisted by Dr. Kartikey Hari Gupta, counsel for respondent nos.2 and 3.

4. Mr. Rajendra Dobhal, learned Senior Counsel assisted by Mr. Shubhang Dobhal, learned counsel for respondent no.4.

5. Mr. V.K. Kapruwan, learned Standing Counsel for the Union of India.