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SC seeks U’khand response over lack of policy to protect hills
A bench headed by CJI Bhushan R Gavai issued orders while hearing an application filed by a state resident Aanchal Raturi
The Supreme Court’s continued concern over depleting green cover and the gradual deterioration of ecology in the Himalayan states led the court on Monday to seek a response from the Uttarakhand government over the absence of a policy on hill cutting or a law to regulate indiscriminate tree felling.
A bench headed by Chief Justice of India (CJI) Bhushan R Gavai issued orders while hearing an application filed by a state resident Aanchal Raturi highlighting various problems ailing the hilly state, which has of late experienced several landslides, flashfloods and cloudburst incidents.
“This is a serious issue. In another matter, we have already highlighted the concern over logs of wood found floating in Himachal Pradesh. We will issue notice on this application and post it with that matter after two weeks,” said the bench, also comprising justices K Vinod Chandran and AS Chandurkar.
The application was filed by advocate Vaibhav Niti in the TN Godavarman matter where the court is monitoring cases for protection of forests and wildlife in the country.
Solicitor general Tushar Mehta, appearing for the Centre, said that soon after the court issued notice in the Himachal matter last week over logs of wood floating in the river Ravi amid heavy rains in the state, the matter was taken up by the Union environment secretary with the chief secretaries of Himachal Pradesh and Uttarakhand.
Senior advocate ANS Nadkarni arguing the application said, “Indiscriminate, unregulated, and unscientific blasting and cutting of hills and hill tops by removing green cover in the absence of any comprehensive policy in India regulating construction and development in hilly areas is a cause of concern.” He also highlighted the issue of large-scale illegal construction adjoining municipal roads and village roads in the hills.
He pointed out that in the state, an amendment has been proposed to the Uttar Pradesh Protection of Trees Act, which allows persons having private property in hilly areas to cut trees and vegetation in their private plots without obtaining the tree authority’s permission or the forest department’s clearance.
The concerns were echoed by the court-appointed amicus curiae, senior advocate K Parmeshwar, who said that the UP Act had sought preservation of 55 species of trees, later reduced to just 15, leading to decimation of more than century-old deodar, oak, teak, khair, and other indigenous varieties in the state.
Parmeshwar told the court that on August 1, another bench of the top court took suo motu cognizance of the ecological degradation in Himachal Pradesh that could also be taken up along with last week’s matter. “All these petitions raise similar issues related to Himalayan states. They can be heard together,” the amicus said. The court agreed to consider this aspect on September 17, when the matter will be heard next.
