Supreme Court defends Himachal Pradesh’s ecology

“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”, said the Supreme Court Bench of Justices J.B. Pardiwala and R. Mahadevan on 28 July. The Bench was hearing a Special Leave Petition (SLP) filed by a private company against the Himachal Pradesh High Court’s judgement that refused to quash a notification designating “green areas” in the state.

A “green area” puts restrictions on construction activities. The private company was seeking to build a resort in one of the designated areas—Sri Tara Mata Hills. The Bench dismissed the SLP. However, it decided to keep the issue relating to the ecology and environmental conditions of the state open and directed the Registry to register a writ petition in public interest in this regard. 

Himachal Pradesh High Court: Private company had no locus 

M/s Pristine Hotels and Resorts Pvt. Ltd is a private limited company engaged in the business of hotels and resorts. The company first approached the Himachal Pradesh High Court after the state’s Town and Country Planning (TCP) department issued the notification dated 6 June 2025. 

The High Court held that the company was a “non-aggrieved” petitioner and could not validly challenge the notification as it did not have any permission to purchase land in Himachal Pradesh. Such permission is mandatory for non-agriculturists. Further, the Director of the company was a resident of Chandigarh. Moreover, the company had never sought permission from authorities to purchase the land. Therefore, there was no locus standi to challenge the designation of Sri Tara Mata Hill as a “green area”. The company was not entitled as it did not suffer any legal injury. 

The Supreme Court refused to interfere with the judgement. The Court, however, noted that the obvious reason for issuing the notification was to curb the construction activities, etc., in a particular area.

Supreme Court: Notification was long overdue

While the Court lauded the notification, it expressed concerns that it might be too late. The Bench observed that the severe ecological imbalance has led to serious natural calamities. “This year also hundreds of people perished in the floods and landslides and thousands of properties were destroyed. The nature definitely is annoyed with the activities which are going on in the state of HP”, the Bench added. 

The Bench observed that humans, not nature, are responsible for phenomena such as continuous land sliding of mountains and soil, land-slides on roads, collapsing of houses and buildings, subsidence of roads, etc. Further, it observed that the delicate mountainous geography of the state makes it prone to such calamities. 

In paragraph 12 of its Order, citing unnamed experts and reports, the Bench attributed the major causes of destruction in the state to Hydro Power Projects, four-lane roads, deforestation, multi-storey buildings etc. The Bench emphasised the need to seek the opinion of geologists, environmental experts and local people before any development project is undertaken in the state. The Court conceded that the state is a major hydroelectric power hub that contributes substantially to India’s renewable energy through major projects like Bhakra, Nathpa Jhakri and others set up on major rivers, i.,e. Beas, Sutlej, Chenab, Ravi, Yamuna. “But unrelenting building, tunnel and road construction, frequently done without sufficient environmental planning, has increased the area’s susceptibility to natural disasters and the effects of climate change,” the Bench pointed out. It cautioned that large-scale construction of dams, reservoirs, and tunnels comes with considerable environmental costs. Ecological diversity and growing human demands necessitate immediate sustainable planning and conservation measures, the Bench underlined. It added that environmental assessments usually ignore the impact of multiple large-scale projects. 

Next, it blamed the state government for taking advantage of the state’s natural beauty and constructing four-lane roads to promote it as a tourist destination. “To build these roads, heavy machinery and explosive materials were used according to various reports to cut the mountains, due to which the natural balance of the place has started to deteriorate”, the Bench observed. 

The Bench sought to alert authorities about the environmental consequences of these projects, where communities living near such projects frequently report water scarcity, landslides and structural cracks in their homes. Apparently, the minimum outflow of water, as is contractually mandated, is not being adhered to by the project proponents, resulting in the vanishing of aquatic life, the Bench lamented. 

“In fact, the mighty trans Himalayan river Sutlej stands reduced to a rivulet”, the Bench quipped.

Supreme Court: Serious impact due to climate change

Drawing attention to climate change, the Bench focused on rising average temperatures, shifting snowfall patterns, unseasonal rainfall, dry spells and an increase in the frequency and intensity of extreme weather events. They added that glaciers, the primary source of many rivers in the region, are retreating at a concerning rate. It pointed out that the biggest Bara Shigri glacier in Lahaul Spiti has been reduced by almost 2-2.5 kilometers. The erratic weather patterns affect the biodiversity and impact the livelihoods of local communities dependent on farming and horticulture. 

Forest fires, encroachments, overgrazing and the expansion of agricultural and urban areas are all contributing factors, the Bench surmised. 

Other problems that have exacerbated the situation 

The Bench attributed the loss of ecological balance in the state to the removal of forest guard check posts. They were earlier set up at various places within the State. This has resulted in the rampant problem of illegal felling of trees. 

It added that the state’s own people are responsible for a “blind pursuit of development” which has led to “unscientific construction” and has resulted in widespread devastation in the Kullu, Mandi, Shimla and Chamba districts. 

While religious and nature tourism are major sources of income in the state, their uncontrolled growth has strained the state’s environment, according to the Bench’s analysis. The Bench referred to the absence of proper zoning or environmental clearance and warned that pressure from tourism, if left unchecked, could severely undermine the ecological and social fabric of the state. 

The Bench questioned the state’s approach to waste disposal, and asked whether the Waste Management Rules 2016 have sufficiently addressed the issues arising in the State. The Bench also dealt with issues such as legislation to control mining and quarrying, and the proper utilisation of revenue collected through the green tax. 

The Bench noted in its Order that the state’s Advocate General, Anup Rattan, has conceded to the fact that the State has failed to pay attention to these issues. The Bench called upon the state to file an appropriate reply explaining whether they have taken any action plan to address the issues discussed in the order and what they propose to do in future. The Bench directed copies of its order to be sent to the Chief Secretary, State of Himachal Pradesh and Principal Secretary, Union Ministry of Environment, Forest and Climate Change. 

The matter has been posted for further hearing on 25 August 2025 on top of the Board.