The National Green Tribunal (NGT) has refused to accept an application requesting for increasing the number of vehicles from 1300 to 5000 that are permitted to travel to the Rohtang pass. The request was rejected on the ground of concerns about climate change and damage to the environment.
It was the Him Anchal Taxi Union which applied to alter the Tribunal’s 2015 declaration. In the Tribunal’s order, it was held that a limited number of vehicles will be authorized to travel in the Manali and Rohtang pass areas of Himachal Pradesh in consideration of environmental degradation.
Union asserted that there are currently additional parking areas obtainable at Gulaba, Marhi and Rohtang Pass.
The bench of Justice Adarsh Kumar Goel(Chairperson), Justice Sudhir Agarwal (Judicial Member), Dr. A.Senthil Vel (Expert Member) declared that, “Data of air quality merely because of restricted number of vehicles situation is better cannot be ground, to presume that increased number of vehicles will be sustainable.”
An assertion was made that there is an upsurge in tourism activities and due to the actualization of the Atal Tunnel, currently the number of vehicles permitted has become unsatisfactory and ineffectual and calls for an addition.
NGT responded that the commencement of Atal Tunnel or the availability of parking spaces does not modify the circumstances which steered to the passing of the earlier verdicts by the Tribunal.
“Opinion of some experts relied upon can not be treated as conclusive to revisit the orders passed on consideration of entirety of material based on reports of experts and on due consideration, after a the contest between the parties,” as stated by the Tribunal
Background of the case:-
It was in 2010 that the proceedings had begun after a letter was sent to the Chief Justice of the Himachal Pradesh High Court. The letter put in words worries about damage caused to the environment by round trips between Manali and Rohtang Pass made by 4000-5000 vehicles.
Subsequently, the Division Bench of the Himachal Pradesh High Court instructed the Chief Secretary of Himachal Pradesh to formulate a relevant proposal to restrain vehicle activity in the locale.
In 2013, the issue was handed over to NGT for additional consideration.
The Tribunal remarked that, “heavy unregulated tourism in the area was resulting in degradation of the environment. The extent of tourism was noted to be 11 lakhs visitors annually.”
In 2015, the Tribunal made a conclusion that the number and the sort of vehicles approved in the region ought to be restrained. As an outcome, it was ruled by the Tribunal that the number of vehicles permitted to travel to Rohtang Pass for tourism shall be restricted to 1000 per day on a first-come, first-served basis.
“Out of 1000 vehicles allowed to pass every day as afore- indicated, 600 would be Petrol while 400 would be Diesel Vehicles”, it had further held.
In 2016, the previous verdict of allowing 600 petrol vehicles was revised by the Tribunal and it authorized 800 petrol vehicles per day to journey to Rohtang Pass. The number of diesel vehicles remained the same i.e. 400 per day.
However, again in 2017, the decision of the Tribunal was revised and it permitted a further 100 cars to travel to Rohtang Pass of which 60% are of petrol and 40% of diesel.
Thereafter, an appeal was filed in the Apex Court which contested the 2016 and 2017 rulings, which was disposed of in 2023 without expression of any views on the merits of the lawsuit.
The recent verdict in the case of Court on its own Motion v.State of H.P. & Ors. in which counsel for applicant was Ms. Bhakti Pasrija (in M.A 29/2023 has declined the plea for any further modifications.
Written by Sonakshi Misra, 2nd year (4th semester) B.A.LL.B. Hons. student at Atal Bihari Vajpayee School of Legal Studies, Chhatrapati Shahu Ji Maharaj University, Kanpur.
