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Judgment
The issue for consideration is the remedial steps for maintaining ecology in the area of Manali and Rohtang Pass in Himachal Pradesh. Proceedings commenced on the basis of a letter addressed to the Chief Justice, Himachal Pradesh with the grievance that 4000-5000 vehicles were making round trips from Manali to Rohtang Pass resulting in huge pollution and damage to the environment.
Vide order dated 21.10.2010, a Division Bench of Himachal Pradesh High Court directed the Chief Secretary, H.P. to come up with an appropriate proposal in the matter to control the vehicular movement. Proceedings remained pending in the High Court for about three years till 15.07.2013 when the matter was transferred to this Tribunal for further consideration. During the pendency of the proceedings before the High Court, an expert opinion was taken from NEERI, Nagpur about the carrying capacity of the area. The area was divided into five segments and regulatory directions were issued to restrict constructions and to control the movement of traffic based on the recommendations of the NEERI. In order to do so, directions were also issued with regard to the age and quality of the vehicles to be used and alternative means of transport, including rope ways, apart from proper solid and liquid waste management.
The matter was then considered on 10.10.2019 in the light of earlier proceedings and the status report filed on 05.10.2019 by the Additional Chief Secretary, H.P. It was observed: -
"10. A status report has been filed on 05.10.2019 by the Additional Chief Secretary, H.P. With regard to rope way from Palchan to Rohtang Pass, it is stated that Stage - I Forest Clearance for diversion of forest land for the project has been granted but the Stage -II Forest Clearance was held up as the area was within 10 Km. area of the wildlife sanctuary. Time period for notifying eco sensitive zone draft notification had expired and de novo proposal was required to be submitted. The Project Proponent had to deposit NPV for Stage - II Clearance and Wildlife Clearance. Some progress has also been reported with regard to construction of STP at Marhi and Manali, parking facilities, construction of eco-friendly market at Marhi, development of solid waste development facilities, establishment of nature park at Gulaba, operation of electric buses, installation of weigh-in-motion bridge, ambient air quality monitoring, vehicular emission checking-cum awareness, STP at Manali but much remains to be done.
Without prejudice in any manner to the directions already issued, we issue following directions: -
The State may take steps for Stage-II forest and wildlife clearance within one month and also submit fresh proposal for eco zone draft notification. The decision thereon may be taken by the MoEF&CC within one month. The State may follow up the matter with the MoEF&CC. Responsibility in the matter will be PCCF (Wildlife), H.P. and the concerned Joint Secretary, MoEF&CC.
The Irrigation and Public Health Department may ensure upgradation/completion of STPs at Marhi and Manali.
Urban Development Department may take steps to complete waste to energy plant. PWD may take steps for completion of parking and eco-friendly market near Gulaba. The steps may be completed expeditiously but not beyond 31.07.2020. If the work remains incomplete in any respect even upto 31.07.2020, an adverse entry must be made in the service record of the Additional Chief Secretary Incharge as well as the HOD concerned who are put to notice to complete their responsibility.
The Deputy Commissioner and SP, Kullu may ensure that vehicular movement is restricted and regulated in the manner already directed. They may coordinate with the Director, NIC (HP) for suitable safety measures in respect of concerned software at the check posts. The Deputy Commissioner, Kullu may file status report in this regard before the next date by e-mail at [email protected] .
All other directions including establishment of nature park at Gulaba be expeditiously carried out and a further status report furnished quarterly as already directed."
The matter was then considered on 30.07.2020 in the light of status report dated 29.06.2020 under different headings. Direction was issued for taking further steps and filing updated status report. The operative part of directions is as follows: -
"4. A further quarterly status report dated 29.06.2020 has been filed under different headings as follows:
A. Local Administration/ Deputy Commissioner, Kullu: with details of progress about Ropeway from Palchan to Rohtang, Construction of sewage treatment plant, Development of parking facilities, Construction of Eco-friendly Market and allotment of restaurants/shops at Marhi, Development of Solid Waste Management Facility at Manali
B. Forest Department, Transport Department: with progress relating to establishment of nature park at Gulaba
C. H.P. State Pollution Control Board: with progress regarding operation of electric buses, installation of weigh-inmotion bridge, vehicular emission checking-cum awareness and Sewage treatment plant (STP), Manali.
In view of the above, let further steps be taken and status report as on 31.12.2020 filed before the next date by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF."
The matter was last considered on 08.06.2021 in the light of report dated 21.01.2021 filed by the Principal Secretary, Environment, H.P., giving the status of ropeways, Sewage Treatment Plant, parking facilities, eco-friendly market, Solid Waste Management facility, Nature Park, Electric Buses, installation of Weight in Motion, air quality and vehicular emissions, testing of samples from the STP. The Tribunal directed further remedial action and filing of compliance report as follows:-
"6. We have considered the report. It is seen that the ropeway project has not been completed for want of requisite EC. Steps are in progress for setting up of STP at Marhi and upgradation of STP at Manali, for parking facilities, Solid Waste Management facility, Nature Park, Electric Buses. The said steps need to be expedited. We find it difficult to understand the delay in grant of electric connection to the STP at Marhi. With regard to the upgradation of STP at Manali, though it is stated that the work was likely to be completed by June, 2021, the latest status is not known. Steps for Solid Waste Management facility at Manali and other pending jobs need to be expedited. Let all the same be monitored at the level of Chief Secretary, H.P. and compliance ensured in a time bound manner. Final compliance report may be filed before the next date by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF."
Accordingly, status report has been filed on 25.10.2021 which mentions the Departmental meetings held by the concerned Officers. The steps taken are mentioned as follows:-
"[A] Local Administration /Deputy Commissioner, Kullu
The Deputy Commissioner Kullu has submitted the following status of compliance on the implementation of the directions of the Hon'ble Tribunal during the Review meetings.
(i) Ropeway from Palchan to Rohtang
It is submitted that the FCA Stage-II Approval for the Ropeway project has been duly granted onl9th February, 2021 after obtaining permission from the Hon'ble Supreme Court.
Regarding removal of trees falling in the Ropeway alignment, CCF Kullu informed that they have already requested the M/s Manali Ropeway Limited (Project Proponent) to indicate the trees within the diverted land which are needed to be removed for setting up of this Ropeway. Hammer for marking of trees stands already issued to the concerned field staff and the Forest Department is in full readiness to process the tree removal. However, Sh. Amitabh Sharma representing M/s Manali Ropeway Limited informed that soil stability tests at various locations are still being carried out in the area and they will be in position to finalize the individual trees to be felled after completion of these tests within one to two months. 550 trees are to be felled out of total 1355 trees coming in the alignment of the Ropeway.
Sh. Amitabh was further asked to update about the status of the Environment Clearance (EC) of this project since some information was sought by the Ministry from the Project Proponent as was discussed during the review meeting on 12-07-2021. He informed that the Terms of Reference (TOR) approved by the Ministry have expired and the entire process has to be initiated denovo. Getting fresh approval of the TOR from the MoEF&CC, GOT is time consuming. In this situation they are not in a position to implement this project within the stipulated time period though they are keen to implement this project. He requested that the State Government should also write to the Ministry to allow them to go ahead with the same TOR approved previously. He further submitted that since the Ropeway projects are carbon neutral projects and environment friendly and especially in this crucial matter of Rohtang area, the existing TOR may be taken into consideration by the MoEF&CC, GOI. Sh Amitabh was further asked that why this issue was not flagged during the previous meeting on 12-07-2021. He replied that earlier he was not aware of it. It was also discussed that the agreement has been signed by the Project Proponent with the Tourism Department and it is also the responsibility of the Tourism Department to facilitate the clearances. The representative of the Tourism Department informed that the Project Proponent never raised his concern with them.
After detailed discussion, it was decided that the Project Proponent should immediately give details of the trees to be removed to the Forest Department and shall also formally write to the Tourism Department about the challenges being faced in getting the Environment Clearance. The Tourism Department on merit may consider recommending the request of the Project Proponent to Govt. of India. The Chairman of the review meeting held on 14.10.2021 emphasized the need to take proactive steps in securing the EC at the earliest as all other clearances are in place.
(ii) Construction of Sewage Treatment Plant at Marhi
DC Kullu apprised that the STP at Marhi has been completed by the Jal Shakti Vibhag and the Sr. Executive Engineer, Electrical Division, HPSEBL,Manali has released the electricity connection to the Sewerage Treatment Plant, Marhi on 27.09.2021. The testing of the STP at Marhi has been done and it is made operational.
(iii) Improvement/Up-gradation of Sewage Treatment Plant at Manali
The Deputy Commissioner, Kullu informed that as per the information from the Executive Engineer, Jal Shakti Division No.1, Kullu, the work is in progress and is likely to be completed by 31.12.2021.During the last meeting on 12-07-2021, it was decided to complete the work by 31st August, 2021.
Later, on 14.10.2021 a review meeting was convened on the matter and discussion were made with the concerned authorities and it was decided that the matter should be reviewed by the Secretary, Jal Shakti Vibhag at his level and the work be expedited and completed by all means at the earliest and in any case not later than 30th November, 2021.
(iv) Development of Parking Facilities
The DC, Kullu apprised that as per the information of the DTDO, Kullu, the construction of parking facility at Gulaba Barrier has been completed and is made functional at the site by HPPWD.
Two more parking facilities have already been developed near Gulaba which are also operational to cater to the present needs. No further action is required to be taken.
(v) Construction of Eco- friendly market at Marhi and allotment of Restaurants /Shops at Marhi
The DC, Kullu informed that the construction work of Eco-Friendly Market including fourteen restaurants and two stalls consisting of three shops each have been already completed and allotment process is also completed in transparent manner. He further informed that the allottees have been given electric connections to their respective shops and the Eco-Friendly market will be made fully functional within a week's time. The Chairman directed the Deputy Commissioner, Kullu to submit compliance report.
[B] Urban Development Department
(i) Development of Solid Waste Management Facility at Manali
The Director, Urban Development (UD) informed that there are two sections of this Solid Waste Management Facility at Manali. The first section of the facility is already operational and the Refuse Derived Fuel (RDF) produced in the process is being transported to ACC, Barmana Cement Plant. The second section of this facility which involves conversion of waste to energy is yet to be completed. The Director, UD further apprised that the MC Manali has issued notice to the person whom the tender was awarded to complete the second section of this facility. In response, he has informed that he is facing financial problems and there are challenges in implementing this part of the project. He further informed that all the waste is being collected and disposed of properly. It was also discussed that previous experience of waste to energy projects is not encouraging and these are not very successful.
After detailed discussion, the Chairman directed the Director, Urban Development Department to give the complete status on the challenges being faced in the implementation of the second section. UD Department was also directed to ensure that all the waste be collected and disposed of properly.
[C] Forest Department
(i) Establishment of Nature Park at Gulaba
CCF Kullu informed that the estimate to develop the Nature Park at Gulaba was Rs. One Crore Foully Eight Lacs.Rs. 35 Lakhs have been provided by DC Kullu from Green Tax Fund and Rs. 20 Lakhs were received from NPV under CAMAPA Fund during the Financial Year 2020-21. Further the funds amounting Rs 25 lakhs have been received from the Deputy Commissioner, Kullu during the current Financial Year 2021-22 for development of the aforesaid Park. Total Rs 80 Lakhs have been utilized till date. Rs. 30 Lakhs have been demanded from CAMPA Fund for execution of some pending works.
The Chairman directed that CCF Kullu should again request the CAMPA authorities for allocating funds for completion of pending works. The completed phase be put to use at the earliest.
[D] Transport Department
(i) Operation of Electric Buses
The representative of the Transport Department submitted that there are 25 electric buses which are operated on Manali-Rohtang stretch by the Himachal Pradesh Transport Corporation (HRTC). Seven charging points have been provided at Manali, four at Kullu and four at Mandi for the smooth operation of these Electric Buses. These Buses are operated on this route as per the need and during the lean season when tourists are not available these buses are plied on other routes in Kullu and Mandi Districts. The Chairman expressed his satisfaction and further directed that maximum use of electric buses be encouraged by the Transport Department.
(ii) Installation of Weigh in Motion
To comply with the direction of Hon'ble National Green Tribunal, the Weigh-in-Motion has already been installed by the Transport Department at its barrier at Bhang and is fully operational.
(D) H.P. State Pollution Control Board
(i) Ambient Air Quality Monitoring
The Member-Secretary, HPPCB submitted that the Regional Office, Kullu is continuously monitoring Ambient Air Quality of Rohtang area at all specified locations, along with the vehicular Emission Checking-cum-Awareness. He further informed that the AAQ parameters such as NOx and SO2 are within prescribed limits.
Ambient Air Quality Monitoring Data of Rohtang, Area for the month of September, 2021.
Sr.
No.
Location
Date
Time
Results in ug/m3
RSPM
NOx
SO2
NH3
1.
Bahang
1-9-2021
08:00AM-04:00 PM
54.55
BDL
BDL
BDL
BDL
1.35
9-9-2021
08:00AM-04:00 PM
34.55
BDL
--
BDL
--
2.23
15-9-2021
08:00AM-04:00 PM
44.13
BDL
BDL
BDL
BDL
1.07
25-9-2021
08:OOAM-04:00 PM
40.91
BDL
--
BDL
--
2.58
2.
Gulaba
1-9-2021
08:00AM-04:00 PM
27.27
--
BDL
BDL
--
1.81
9-9-2021
08:OOAM-04:00 PM
22.36
BDL
--
BDL
--
3.73
15-9-2021
08:00AM-04:00 PM
25.38
BDL
--
BDL
--
2.19
25-9-2021
08:OOAM-04:00 PM
27.84
BDL
--
BDL
--
2.10
3.
Marhi
1-9-2021
10.00AM-05.00PM
20.08
BDL
--
BDL
--
1.44
9-9-2021
I0.00AM-05.00PM
21.67
BDL
--
BDL
--
1.24
15-9-2021
10.00AM-05.00PM
34.09
BDL
--
BDL
--
0.88
25-9-2021
10.00AM-05.00PM
20.08
BDL
--
BDL
--
1.43
4.
Rohtang
1-9-2021
11.00AM-02.00PM
25.57
BDL
--
BDL
--
2.04
15-9-2021
11.00AM-02.00PM
34.09
BDL
--
BDL
--
1.56
BDL-Below Detection Limit for NOx parameter is 9.0 ug/m3. Dection Limit for SO2 parameter is 4.0 ug/m3.
(ii) Vehicular Emission Checking-cum Awareness
Camps were organized at Bahangbarrier, in association with Transport Department & Police authorities on dated 01.09.2021, 09.09.2021, 15.09.2021 & 25.09.2021 regarding Vehicular Emission Checking-cum Awareness.
The details of Vehicular emission checking done by the RTO Kullu are given below:
Sr. No
Month
Total Diesel Vehicle Checked for PUC certificate
Diesel Vehicle Checked by Pollution check Machine
Total Diesel Vehicle Checked for PUC certificate
Diesel Vehicle Checked for Pollution Check Machine
Total vehicle Challan
1.
July, 21
5664
198
1843
179
NIL
2.
August, 21
985
56
266
40
NIL
3.
September, 21
2039
104
743
111
NIL
4.
TOTAL
8688
358
2852
330
NIL
Furthermore, details of random checking of vehicles carried by the HPSPCB, Regional office Kullu are given under:-
Date of Inspection
No. of vehicles checked
No. of Vehicles found with PUC/meeting Emission
Norms
No. of Vehicles without PUC/violating Emission Norms
1-9-2021
81
81
Nil
9-9-2021
80
80
Nil
15-9-2021
67
67
Nil
25-9-2021
106
106
Nil
(iii) Sewage Treatment Plant Manali
Sr.
No.
Date of Collection
BOD
COD
O&G
pH
TSS
Limit
1.
10-7-2021
10.0
72.0
0.4
7.58
53.0
Within limit
2.
9-8-2021
27.0
196.0
3.2
6.78
88.0
Within limit
3.
07-09-2021
(final outlet of STP)
42.0
172.0
2.0
6.23
87.0
BOD not within Permissible Limit. (permissible limit
30.0 mg/l)
The results of monthly samples collected from the STP Manali are also within permissible limits except for one parameter i.e. BOD level particularly in the month of September, 2021. Asstt. Environmental Engineer, Pollution Control Board has issued Show Cause Notice to the Jal Shakti Vibhag in this regard.
The Chairman directed that regular inspections and monitoring be ensured. The report submitted by the HPPCB be taken on record. The Jal Shakti Vibhag be asked to take immediate corrective steps to control the BOD level.
The Chairman emphasized that the compliances of the Hon'ble NGT order be ensured by all the concerned Departments/Stakeholders with utmost sincerity."
In view of above, we are of the view that authorities may continue to monitor the remedial steps for maintaining the ecology in the area of Manali and Rohtang Pass in Himachal Pradesh. Having regard to the fragile ecology of the area, constant vigil by the ground level authorities, supervision and coordination by higher level authorities and monitoring at the level of Chief Secretary periodically are required. We hope constant vigil will be maintained for the protection of ecology and review meetings will continue to be held at the level of Chief Secretary periodically. In this view of the matter, it is no longer necessary to continue the proceedings. The same are disposed of without prejudice to any grievance being re-agitated as and when required.
A copy of this order be forwarded to Chief Secretary, H.P. by e-mail for compliance.