Date: September 6, 2023

The Ministry of Environment, Forest, and Climate Change (MoEFCC) has presented a significant report to the Supreme Court, highlighting the pressing need to assess the carrying capacity of 13 states and union territories within the Indian Himalayan Region. This response follows a plea filed before the Apex Court, which has been actively addressing concerns regarding unrestrained and unsustainable development in the area.

The Supreme Court, led by Chief Justice D Y Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra, previously directed the petitioner and respondent to cooperate and propose a viable course of action for this crucial issue. The plea that instigated this action expressed apprehensions about uncontrolled and unsustainable construction of commercial establishments, including hotels, resorts, lodges, and homestays. It also underscored the unregulated expansion of hydroelectric projects and tourism activities within the delicate Himalayan ecosystem.

The petition particularly highlighted issues such as tunneling, excavation of rocks and hills, surges in traffic, air and water pollution, and inadequate waste management. According to the petition, these problems are detrimentally affecting the environment, ecology, geology, and hydrology of the region, impacting 13 states and union territories, namely Uttarakhand, Himachal Pradesh, Jammu & Kashmir, Ladakh, West Bengal, Assam, Meghalaya, Manipur, Mizoram, Sikkim, Nagaland, Tripura, and Arunachal Pradesh.

In response to these concerns, the MoEFCC has stressed the significance of acquiring specific and verifiable data for each hill station with the assistance of local authorities from various fields. The Ministry has already taken proactive measures in this direction by distributing "Guidelines for Assessing Carrying Capacity of Hill Stations, Urban Areas, and Eco-Sensitive Zones" to all 13 Himalayan states in January 2020, with a follow-up reminder in May 2023. States were promptly encouraged to draft action plans for carrying out carrying capacity assessments.

The MoEFCC has proposed that each of the 13 Himalayan states constitutes a committee, led by its Chief Secretary, to conduct the carrying capacity studies in accordance with the guidelines crafted by the G.B. Pant National Institute of Himalayan Environment. The Ministry has highlighted the institute's extensive experience in formulating these guidelines. Furthermore, it suggests that an Expert Panel, helmed by the Director of the G.B. Pant National Institute, evaluates the carrying capacity studies conducted by the states and furnishes recommendations for their execution and implementation, subject to periodic reviews.

The suggested members for the Expert Panel include directors or designated representatives from institutions such as the National Institute of Disaster Management, National Institute of Hydrology, Indian Institute of Remote Sensing, National Environmental Engineering Research Institute, Wadia Institute of Himalayan Geology, Indian Council of Forestry Research and Education, Wildlife Institute of India, School of Planning and Architecture, and representatives from state disaster management authorities, Geological Survey of India, Survey of India, Central Pollution Control Board, and Central Ground Water Board.

The plea before the Supreme Court asserts that the absence of carrying capacity assessments in ecologically sensitive areas, hill stations, high-altitude regions, and areas experiencing substantial tourist inflows has resulted in ecological harm in the Himalayan region. Furthermore, it alleges that governments have failed to devise and implement essential blueprints for sustainable development, resulting in issues like land subsidence, fractures, and crevices in regions such as Joshimath, which have adversely impacted the livelihoods of numerous residents.