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Judgment
Prayer in this application is to stop construction activities of Char Dham Railway Project, all hydel power projects, blasting activities and tunnel boring machine activities in Uttarakhand to avoid any possible environmental mishap like Joshimath subsidence.
Case set out in the application is that there are large number of religious places in Uttarakhand including four most holy temples. On this account large number of visitors come to the State and activities are undertaken to meet their requirements and also other developmental projects which are not sustainable in fragile ecology of the State. This calls for prohibition and regulation of various activities having potential for disasters.
We have considered the matter. While undoubtedly any developmental activity has to be regulated by principle of ‘Sustainable Development’, such regulation has to be considered by the concerned Executive authorities in the first instance on case to case basis. Direction by the Tribunal of blanket prohibition of all activities is not possible unless there is overwhelming material calling for the same.
The Tribunal has already considered the issue vide order dated 31.01.2023 in O.A No. 51/2023, In re: News item published in The Tribune dated 16.01.2023 titled “Joshimath disaster a warning for Mussoorie”, in the light of media report of potential threat to environment and directed carrying capacity study of eco-sensitive areas in a holistic manner by an Expert Committee to address concerns of apprehended damage to the environment. Operative part of the said order is reproduced below:-
“9. In above background, study of carrying capacity of eco-sensitive areas in Himalayan regions in holistic manner appears to be imperative for protection of environment. Without undermining need for study in all eco sensitive areas as already directed, we direct specific study for Mussoorie in the light of apprehensions expressed in above media report. Such study may cover as to how much constructions can be allowed and with what safeguards, what safeguards be used for existing buildings and all other relevant and associated aspects including vehicular traffic, sanitation management, maintaining ecological integrity in terms of soil stability and flora/fauna. For this purpose, we constitute a nine member joint Committee to be headed by Chief Secretary, Uttarakhand. Other members will be Wadia Institute of Himalayan Geology Dehradun, Govind Ballabh Pant National Institute of Himalaya and Environment, National Institute of Hydrology (NIH), Roorkee, Prof. J.S Rawat, Kumaon University, Almora, Space Application Centre, Ahmadabad National Institute of Rock Mechanics, Bangalore, CPCB and ACS Environment, Uttarkhand who will act as nodal agency for coordination and compliance. ACS, Environment will provide for travel and logistics for members to the extent necessary. Meetings may be held online or offline as may be necessary except for visit to the site. The Committee may suggest remedial measures to prevent environmental damage in the light of carrying capacity, hydro-geology studies, geo-morphological studies and also covering other allied and incidental issues. The Committee will be at liberty to take assistance from any other expert/institution. The Committee may meet within two weeks and complete its studies within two months. It may furnish its report by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF on or before April 30, 2023. The Committee will be free to interact with the stakeholders including the inhabitants/members of civil societies. The Committee may also consider the concerns in the media report. It will be open to the Chief Secretary, Uttarakhand to take preventive and remedial measures found necessary in the light of the media report otherwise.”
In view of above, no further directions are necessary at this stage.
The application is disposed of.