Briefly
Case Law

Supreme Court flags delay in Himachal Pradesh ecological crisis probe

India·LawBeat·⏱️ 3 min readBriefly Analysis

Summary

  • The Supreme Court has flagged the delay in hearing the Himachal Pradesh ecological crisis case.
  • The Central Empowered Committee (CEC) will examine the issues through workshops and hearings in Himachal Pradesh.
  • Fresh developments, including an intervention application and a detailed report, have been brought to the Court's attention.
  • The matter involves nearly 30 questions that make it impractical to address all of them simultaneously.

What Happened

The Bench had taken cognisance of the unprecedented destruction caused by heavy rainfall in Himachal Pradesh, noting that recurring landslides, collapsing houses, road subsidence, and other calamities are not merely natural occurrences but a result of unchecked human and developmental activities such as hydropower projects, four-lane road construction, and rampant green belt development.

The Himachal Pradesh ecological crisis has been flagged by the Supreme Court for its prolonged delay in hearing, with the matter listed nearly a year ago but never coming up. The Bench of Justice Vikram Nath and Justice Sandeep Mehta expressed concern over the delay, noting that it was supposed to be listed in October last year but was repeatedly pushed back. Senior Advocate K. Parameshwar appeared as amicus curiae and informed the Court that fresh developments had taken place, including the filing of an intervention application and the availability of a detailed report requiring urgent consideration. The Court directed the Central Empowered Committee (CEC) to examine the issues through workshops and hearings in Himachal Pradesh, with Parameshwar proposing that the CEC address nearly 30 questions by examining two to three issues at a time and submitting an interim report after each phase.

Relevant Legal/Regulatory Context

The Supreme Court's suo motu writ petition was registered to examine the ecological crisis following the devastating monsoon floods and landslides this year that claimed lives and destroyed thousands of homes. The Bench had taken cognisance of the unprecedented destruction caused by heavy rainfall in Himachal Pradesh, noting that recurring landslides, collapsing houses, road subsidence, and other calamities are not merely natural occurrences but a result of unchecked human and developmental activities such as hydropower projects, four-lane road construction, and rampant green belt development. The Court had also observed that the matter was complex, involving nearly 30 questions that made it impractical to address all of them simultaneously. The Central Empowered Committee (CEC) has been tasked with examining the issues through workshops and hearings in Himachal Pradesh.

Why It Matters

The Supreme Court's direction to the CEC to examine the ecological crisis in phases is a significant development for ongoing or future projects in Himachal Pradesh, particularly those involving green belt construction or environmental impact assessments. The matter highlights the need for timely and effective implementation of environmental laws and regulations in India. The intervention application alleging that several construction projects had been sanctioned within the green belt area of Shimla, despite prohibitory orders passed by the Supreme Court, the Himachal Pradesh High Court, and the National Green Tribunal, has also been referred to the CEC for examination.

Practical Implications

Lawyers and compliance officers should watch for the potential implications of this development on ongoing or future projects in Himachal Pradesh, particularly those involving green belt construction or environmental impact assessments.

Source

Source: Original reporting via The Indian Express

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