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Himachal HC takes note of biodiversity Act not being implemented
The Himachal Pradesh HC has expressed concern over the non-implementation of the State Biological Diversity Act, 2002
The Himachal Pradesh high court has expressed concern over the non-implementation of the State Biological Diversity Act, 2002, and summoned the member secretary of the State Biodiversity Board on the next date of hearing on July 13.
The court sought clarification on the measures taken against the defaulting companies that have failed to seek permission from the board under Sections 23 and 24 of the Act.
The high court division bench of chief justice MS Ramachandra Rao and justice Ajay Mohan Goel questioned the member secretary on why appropriate action under Section 55(2) of the Act has not been initiated against the defaulting companies.
During the course of the hearing, it was brought to the court’s attention that Section 56 of the Act imposes a fine of ₹1 lakh on companies guilty of using biological resources without permission. In response to the petitioner’s suggestions, the court has directed the state government to include all such orders in the notices issued to the companies concerned. The court ordered these companies to seek permission from the State Biodiversity Board before using the state’s biological resources. It directed them to comply with the remaining suggestions provided by the petitioner.
The People for Responsible Governance, a social organisation headed by Rajnish Manikatla, had filed a petition in the court, seeking the implementation of the Act.
The petition alleges a failure on the part of the state government to implement the provisions. The Act recognises the sovereign rights of the state to utilise its biological resources.
In another case, the high court issued orders to investigate Himachal Pradesh Road Transport Corporation officials for their failure to pay interest on the outstanding amount of an employee. The Bench has directed HRTC to pay 7.3% interest on the outstanding amount owed to the applicant.
The petitioner alleged that despite being regularised on August 25, 2006, the HRTC did not pay him arrears. In response to the compliance petition filed by the applicant, the court had ordered on December 16, 2022, that the applicant’s dues be settled within six months. Failure to meet this deadline would result in an additional 7.3% interest being levied on the due amount.
During the proceedings, the HRTC issued a cheque for the outstanding amount on July 1, 2023, despite the deadline of June 16, 2023, as stipulated by the court. It observed that the HRTC failure to fulfil its obligations within the specified timeframe entitles the applicant to receive 7.3% interest on the overdue amount. Taking note of the negligent attitude displayed by the officers, the court directed the HRTC to pay the interest on the due amount within four weeks.
