The Aquatic Arteries of the Himalayas: Judicial intervention to preserve rivers from a grave threat of sewage treatment plants.

Pristine peaks of the Himalayas in Himachal Pradesh are renowned for their breathtaking landscapes and vibrant ecosystems. However, beneath the serene surface, a crisis brews in its veins—the rivers and streams that carve through this mountainous terrain are under siege. Pollution, unchecked and unbridled, threatens not only the rich wildlife that depends on these waters but also the communities for whom these rivers are lifelines. The purity of these waters is integral to the ecological balance and cultural heritage of not only this region but also the rest of the country as the Himalayas provide water to most of the parts of the Indian sub-continent. The water bodies face peril from industrial discharge, inadequate waste management, and faltering sewage treatments.

Continue reading “The Aquatic Arteries of the Himalayas: Judicial intervention to preserve rivers from a grave threat of sewage treatment plants.”

An Analysis of the Supreme Court’s Judgement in the Shimla Development Plan Case

In a landmark decision that has significant implications for urban development, environmental law, and the jurisprudence of legislative powers, the Supreme Court of India delivered a judgment on January 11, 2024, involving the State of Himachal Pradesh. The case centered around the Himachal Pradesh Town & Country Planning Act of 1977 and its application in the Shimla Planning Area, bringing to the forefront complex issues of urban planning, environmental sustainability, and the scope of judicial intervention in legislative matters.

The genesis of the case can be traced back to the establishment of the Shimla Planning Area under the 1977 Act, which set the stage for subsequent development plans in the region. These plans and notifications, however, became a subject of legal scrutiny by the NGT, particularly keeping in view the environmental concerns. The National Green Tribunal (NGT) had previously issued a judgment on November 16, 2017 banning all construction activities in the green and core areas and also within 3 meters of national highways. It also restricted the number of stories to two-and-a-half in other areas where construction was permitted to up to 4 to 5 stories. The Hon’ble Supreme Court has now overturned this Judgment.

(to read the critique of the 2017 NGT Judgment please refer to https://himachalwatcher.com/2019/07/31/the-curse-of-ngt-judgment-undoing-of-urban-planning/)

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