नवीनतम
SC takes note of landslides, floods in North India
NEW DELHI [Maha Media]: The Supreme Court on Thursday took note of the unprecedented landslides and floods in states such as Himachal Pradesh and Uttarakhand, and sought a response from the Centre, NDMA and others. Several states are witnessing a dire flood situation across northern India, and, in nearly four decades, Punjab is facing its worst deluge.
The matter came up for hearing before a bench led by Chief Justice of India B R Gavai and comprising Justice K Vinod Chandran. The bench observed that there is clear evidence in the media reports that there has been illegal felling of trees.
The bench observed, “We have seen unprecedented landslides and floods in Uttarakhand, Himachal Pradesh, and Punjab."
“From the media reports it is noticed that in the flood a huge number of wood was flowing along. Prima facie it appears that there has been illegal felling of trees," added the bench.
The apex court issued notice to the Union Ministry of Environment, Forest and Climate Change, the National Highway Authorities of India (NHAI) as well as the governments of Himachal Pradesh, Uttarakhand, Jammu and Kashmir and Punjab.
The apex court passed the order on a plea filed by Anamika Rana alleging illegal felling of trees as a key reason for such disasters. The apex court has scheduled the matter for further after two weeks and asked the solicitor general to ensure remedial measures were taken.
“The instant writ petition under Article 32 of the Constitution is filed in public interest, seeking the intervention of this court for seeking formation of guidelines or order a SIT enquiry to prevent future disaster and also to protect the pristine ecology of the Himalayan states and also to draw urgent attention of this court towards the rising occurrences inter alia of landslides and flash floods, particularly in the states of Himachal Pradesh and Uttarakhand and also in other Himalayan states," said the plea.
The plea argued that the Centre and states in spite of having dedicated disaster authorities, have no plan in place to prevent or mitigate the losses due to these disasters, whose frequency has increased of late. “Further disregard of hill road manual, encroachment on water bodies etc. are also contributing to the increase in frequency of these disasters. Further, the Ministry of Environment, Forests and Climate change and the Ministry of Jal Shakti have also failed in its duty to protect the pristine ecology and the rivers of the Himalayan region from degradation," said the plea.
The petitioner urged the apex court to form an SIT involving experts to find out the reasons for these disasters and to determine the responsibilities of the officials and also to suggest measures that may help to protect and preserve the pristine and delicate ecology of the Himalayan states and which will also help in the enforcement of the Rights given under Article 14 and 21 of the Constitution.
The plea contended that barely a week of the monsoon rains, in 2025, massive and extensive fatal landslides had taken place in several districts of Himachal Pradesh, Uttarakhand, Jammu and Kashmir and Punjab.
“Because no effective measures or steps are being taken by the Central and state authorities to deter and/or prevent people from entering the disaster-prone areas in the state. No steps are presently in place to control, check and regulate the number of vehicles, visitors and tourists entering from adjoining states/UTs such as Punjab, Haryana, Chandigarh and Delhi, leaving them vulnerable to fatalities and mishaps, besides having no control even on the inter-district movement of people in the state," said the plea.
The plea claimed that the public authorities involved in the construction of the roads and highways, especially the PWD and NHAI, have been blatantly disregarding the vital guidelines laid down in the Hill Road Manual 1998 of the Indian Roads Congress with regard to cutting of hill slopes and preservation of vegetation in the construction of roads and highways and also thereafter.
The plea said the constructions and encroachments on/along the rivers, rivulets, water channels and courses and muck dumping, thereon, or on the open lands, is squarely violative of Section 24(1)(b) of the Water (Prevention and Control of Pollution) Act, 1974.
“The Ministry of Environment, Forests and Climate Change has failed to take any measure under Section 3 of the Environment (Protection) Act, 1986, and/or issue any directions to prevent and mitigate degradations of pristine and delicate ecology of these Himalayan States under Section 5 of the said Act, said the plea.
