“Policy of State appears only to commercialize hills”: Uttarakhand HC issues directions to implement Doon Valley notification

The Uttarakhand High Court, yesterday, expressed strong disagreement with the attitude of the state authorities in not taking requisite steps for the protection of the environment in the Doon Valley.

High Court was hearing a public interest litigation, wherein orders were earlier passed for formulating a Tourism Development Plan (TDP) in accordance with the notification by Centre dated 01.02.1989, purpose of which was to restrict tourism activity in the Doon Valley.

In July 2023, High Court had issued directions to the respondent-authorities to file a “better affidavit” bringing on record, all documents and the policies claimed to have been formulated till date, specifying as to what restrictions have been placed with regards to location of industries, mining operations, other development activities in the Doon Valley.

A Division bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal, while issuing directions to the State to formulate TDP with approval from Ministry of Environment, Forest and Climate Change (MoEFCC) within a period of four weeks, observed,

“The Doon Valley Notification ex facie recognizes the fact that Tourism per se, and its development, has a direct impact on the environment in Doon Valley. The objective of the statutory direction to the State Government, to prepare a Tourism Development Plan for the Doon Valley and to get the same approved from the MoEFCC, was to ensure planned sustenance, development and growth of the Tourism on industry in Doon Valley, which takes into account, and addresses the Environmental concerns that Tourism throws up. This aspect is completely missed in the non-statutory Tourism Policy framed by the State from time to time.”

Earlier, directions were issued to the union government to file an affidavit indicating its position on the implementation of the Doon Valley notification as amended on January 6, 2020, and the fate of the request made by the State Government for repeal of the Doon Valley notification, as amended in 2020. Further directions were issued to disclose the status of the integrated master plan submitted by the state government on April 21, 2023.

Before the High Court, Secretary, Tourism Department submitted that since tourism has been categorised as an industry, the relevant department for compliance with the said notification was Mussoorie Dehradun Development Authority (MDDA) and the State Pollution Control Board. Another notification dated 06.01.2020 was placed on record through which the Doon Valley Notification was amended by the MoEFCC.

“Even after amendment of the Doon Valley Notification, the obligation of the State Department of Tourism to prepare the Tourism Development Plan, was retained, as also the obligation to get the same approved from the Union Ministry of Environment, Forest and Climate Change”, Court added.

Noting that a notification was issued in 1989, which required the State Government to prepare a Master Plan for Development and Land Use, with the approval of the Ministry of Environment, Forests and Climate Change, it also dealt with the aspects of setting up industrial units and mining.

“We are pained and dismayed to notice, that the policy of the State, in practice, appears to be only to commercialise the hills, and to generate more and more revenues, by permitting commercial activities. There is very little emphasis on actual preservation and protection of the environment. The State appears to be completely insensitized and blind to the enormous environmental degradation that the entire State – and not just the Doon Valley is suffering. No wonder, the State is urging the MoEFCC to repeal the Doon Valley Notification in toto”, Court further observed.

Case title: Akash Vashishtha v. State of Uttarakhand | WP (PIL) No. 225 of 2021