Pranav B Prem

The National Green Tribunal (NGT), Principal Bench, New Delhi, on September 1, 2025, considered the matter concerning the declaration of the Higher Himalayas as an eco-sensitive zone. The Bench comprising Justice Prakash Shrivastava (Chairperson), Dr. A. Senthil Vel (Expert Member), and Mr. Ishwar Singh (Expert Member) took note of the final report submitted by a Joint Committee along with the affidavit filed by the Ministry of Environment, Forest and Climate Change (MoEF&CC).

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Committee’s Recommendations

The Joint Committee, which had earlier submitted an interim report in April 2025, placed on record its final recommendations aimed at protecting the fragile Himalayan ecosystem. Its proposals included:

• Establishment of early warning systems for abnormal weather, snowmelt, river flow surges, and forest fires.

• Mandatory geological and geotechnical studies prior to approving hydroelectric projects, tunnels, and road construction.

• Periodic structural audits of multi-storey buildings, especially in tourist areas.

• Slope stabilization measures and afforestation of degraded hillsides with native species such as oaks.

• Regulation of waste disposal and drainage systems, and banning single-use plastics while promoting biodegradable alternatives.

• Promotion of eco-friendly accommodations and sustainable tourism practices.

• Active participation of local communities in conservation programmes.

• Conduct of carrying capacity studies for alpine pastures and tourist hotspots, with restrictions on entry based on ecological thresholds.

Uttarakhand’s Compliance

In its affidavit dated August 26, 2025, the State of Uttarakhand detailed the steps it had taken. These included the installation of Doppler radars at Mukteshwar, Lansdowne, and Surkanda, and the establishment of the Uttarakhand Landslide Mitigation and Management Centre. The State has initiated master drainage plans in towns like Bhagwanpur and Muni Ki Reti and created solid waste management facilities, compost pits, and material recovery plants under Swachh Bharat Mission phases 1.0 and 2.0.

A Digital Refund System, piloted in the Char Dham region, has already recovered over 20 lakh PET bottles, thereby curbing littering and reducing carbon emissions, with plans for statewide expansion. Enforcement of the single-use plastic ban has been strengthened through community campaigns, cloth bag distribution, and regulatory action, while 62 recycling units have been registered for plastic processing. The State has commissioned the Wildlife Institute of India to conduct a carrying capacity study of Char Dham, in addition to running regular awareness campaigns involving local communities.

Himachal Pradesh’s Compliance

The State of Himachal Pradesh, in its affidavit dated May 24, 2025, reported the installation of three Doppler radars at Shimla, Chamba, and Mandi, with two more being set up at Kinnaur and Lahaul-Spiti. Under the Himachal Pradesh Disaster Risk Reduction Programme, launched with support from the French Development Agency, multi-hazard early warning systems are being developed for landslides, floods, and glacial lake outburst floods.

The State has amended its Town and Country Planning Rules to require structural stability certificates for high-risk buildings and restrict construction near rivers and drainage channels. Homestay policies are being promoted to reduce infrastructure pressure in tourist hotspots, and Plastic Waste Management Units are being set up in every development block.

Afforestation drives are ongoing, with the target of increasing forest cover from 28% to 30% by 2030, alongside plantation of soil-binder species in landslide-prone slopes. Restrictions under the Non-Biodegradable Garbage (Control) Act, 1995 are being enforced, strengthened by fresh notifications such as a ban on PET bottles below 500 ml in both government and private establishments. The State also reported training of over 25,000 volunteers in mountain rescue operations and the completion of carrying capacity studies for sanctuaries at Renukaji, Manali, and Simbalbara.

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During the hearing, counsel for the MoEF&CC sought additional time to evaluate the compliance affidavits submitted by Uttarakhand and Himachal Pradesh. The Tribunal observed that the affidavits had been filed recently and allowed four weeks’ time to the Ministry to examine the States’ stands and file its response. The matter has been listed for further consideration on November 28, 2025.

Appearance

Respondents: Mr. Avneesh Arputham & Mr. Ankit Sharma, Advs. for MoEF&CC Mr. Adarsh Chamoli, Adv. for R - 2 Mr. Anil Jaryal, Adv. for R - 3 (Through VC)

Cause Title: News Item titled “Need to declare the Higher Himalaya an eco-sensitive zone” appearing in Current Science dated 25.10.2023

Case No: Original Application No. 720/2023 

Coram: Justice Prakash Shrivastava [Chairperson], Dr. A. Senthil Vel [Expert Member], Mr. Ishwar Singh [Expert Member]