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Synopsis

The Union government has asked the Supreme Court to direct 13 Himalayan States to undertake a carrying capacity assessment of each hill station in a time bound manner.

Responding to the top court's query in the wake of huge destructions witnessed during the recent rains in Himachal Pradesh and Uttarakhand, the Ministry of Environment and Forest and Climate Change suggested multiple steps to assess the acurate carrying capacity of each hill station.

In an affidavit, the Ministry said it has in the past circulated Guidelines for Assessing Carrying Capacity of Hill Stations including Cities and Eco-Sensitive Zones to all 13 Himalayan States by a letter dated January 30, 2020 and has also sent reminder letter on May 19, 2023 to request the states that if such study has not been undertaken then the States may submit the action plan so that carrying capacity can be carried out as early as possible.

"In the light of the steps taken by the Ministry, where comprehensive exercise has been undertaken by experts in the field, it will be imperative that factual aspects of each hill-station are specifically identified and collected with the help of the local authorities cutting across multiple disciplines," it said.

The Ministry sought a direction to all 13 Himalayan States to submit action taken report and an action plan, in a time-bound manner, for taking steps to carry out the carrying capacity assessment as per guidelines prepared by G B Pant National Institute of Himalayan Environment.

It also sought a direction to all 13 Himalayan States for constitution of a Committee, in a time-bound manner, headed by the Chief Secretary of the respective State and comprising such members as deemed appropriate by the Chief Secretary, for the purpose and also for overseeing the implementation.

The Ministry further stated G B Pant National Institute of Himalayan Environment, an Institute of the Ministry of Environment, Forest and Climate Change, has been involved in conducting a specific carrying capacity study for Mussoorie and for Manali and Mcleodganj in a matter before the National Green Tribunal.

The Institute has also prepared the Guidelines for carrying capacity of Hill Stations including cities and ESZ, in another matter before NGT. 

"Therefore, considering the experience of the institute in preparing the Guidelines for carrying out carrying capacity studies, it is suggested that the carrying capacity studies thus prepared by the 13 Himalayan States may be examined evaluated by a technical committee headed by the Director, G B Pant National Institute of Himalayan Environment.

Such a committee would also comprise the members and with the powers to co-opt such members/Institutions as deemed appropriate, including Director, National Institute of Disaster Management, Bhopal, National Institute of Hydrology, Roorkee, Indian Institute of Remote Sensing, Dehradun, National Environmental Engineering Research Institute, Nagpur, Wadia Institute of Himalayan Geology, Dehradun, Indian Council of Forestry Research and Education, Dehradun, Wildlife Institute of India, Dehradun, School of Planning and Architecture, New Delhi, Representatives of State Disaster Management Authorities; Geological Survey of India, Survey of India, Member Secretary, Central Pollution Control Board and Central Ground Water Board.

More than 100 people lost their lives, several houses, and other structures collapsed and roads were damaged huge rains and landslides in previous months. Acting on a PIL filed by Ashok Kumar Raghav, the Supreme Court has on August 21 sought suggestions for assessment of carrying capacity of Himalayan States and towns.

Case Title: Ashok Kumar Raghav Vs Union of India