'Completely Unacceptable': Uttarakhand High Court Raps State For Failing To Prepare Tourism Development Plan For Doon Valley

The Uttarakhand High Court has directed the State to explain its inaction in preparing the Tourism Development Plan (TDP) for Doon Valley — a responsibility entrusted to the State Department of Tourism by the Central Government in 1989.

The purpose of preparation of TDP was to impose restrictions in relation to the activity of tourism in the Doon Valley.

“This situation is completely unacceptable, as the failure on the part of the State Department for Tourism in preparing the TDP defeats the statutory Notification, issued by the Central Government under Section 3(2)(v) of the Environment (Protection) Act, 1986, and Rule 5(3)(d) of the Environment (Protection) Rules, 1986,” said the division bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal.

The court noted that It has been over 34 years since the issuance of the Notification in 1989, but the TDP has not been prepared by the State Tourism Department and directed the Secretary, Tourism, Government of Uttarakhand, to remain present during the hearing of this petition, on the next date, either physically, or virtually/

While listing the matter for July 25, the court said, “An affidavit shall also be filed by the State explaining its inaction in preparing the TDP in terms of the Notification dated 01.02.1989, the purpose whereof, as aforesaid, was to place restrictions on tourism activity in the Doon Valley.”

Background

The court was hearing the PIL filed by Advocate Akash Vashishtha through Advocate Rakshit Joshi against State inaction for preparing the TDP and Master Plan for the Doon Valley comprising Dehradun, Rishikesh, Mussoorie, Haridwar.

The petition seeks the issuance of directions to the respondents to take immediate steps for preparing a TDP, a Master Plan, and a Land Use Plan for the entire Doon Valley as mandated under the Doon Valley Notification, 1989.

It has been alleged that in the absence of a TDP and a Master Plan, the ecologically sensitive Doon Valley has suffered.

The operation of hotels and resorts is being carried out without obtaining Consents to Establish and Operate from the Uttarakhand Pollution Control Board, the plea alleges. It further submits that there is also a lack of Sewage Treatment Plants, Effluent Treatment Plants, and a proper waste disposal system. Additionally, unregulated tourism and other issues have contributed to the problems faced by the valley, according to the petitioner.

It is highlighted that ESZ Notification, dated: 01.02.1989, expressly states that the Tourism activities and operations in the Doon Valley area are required to be as per the TDP to be prepared by the State government and approved by the MoEF&CC.

According to the petition, the relevant portions of the Notification as under:

“Tourism – It should be as per Tourism Development Plan (TDP), to be prepared by the State Department of Tourism and duly approved by the Union Ministry of Environment & Forests. ...

 Land Use – As per Master Plan of development and Land use Plan of the entire area, to be prepared by the State Government and approved by the Union Ministry of Environment & Forests.”

Case Title: Akash Vashishtha v. State of Uttarakhand & Ors.

Appearance: Advocate Rakshit Joshi, counsel for the petitioner.

Advocates B.S. Parihar, learned Standing Counsel with S.S. Chaudhary, Brief Holder for the State.

Advocates Rahul Consul and Vinay Garg, counsels for respondent MDDA.

Advocate Azmeen Sheikh, Standing Counsel for the Union of India.

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