The Supreme Court, while dismissing a private developer’s challenge to Himachal Pradesh’s notification declaring the area of Shri Tara Mata Hill a ‘Green Area’ under the state’s Town and Country Planning Act, seized the opportunity to issue a sweeping warning on the state’s mounting ecological crisis and demanded urgent action from governments.
The petitioner, a hotel and resort company, approached the Court after the High Court of Himachal Pradesh refused to interfere with the June 2025 notification that prohibits new private construction (except limited alterations) in the newly declared Green Area. The High Court reasoned that since the company had yet to acquire land or obtain statutory permissions, it was not an aggrieved person.
The Bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan also delivered a pointed critique on the deteriorating environmental and ecological situation in Himachal Pradesh. Drawing on expert reports and recent natural disasters, the bench highlighted how unchecked hydropower projects, rampant deforestation, multi-storey constructions, and intensive road and tunnel building have led to repeated landslides, flooding, collapse of infrastructure, and loss of life. The order observed, “It is not right to blame only nature for the disaster in Himachal Pradesh. Humans, not nature, are responsible for phenomenon such as continuous land sliding of mountains and soil, landslides on roads, collapsing of houses and buildings, subsidence of road etc.”
The Bench poignantly remarked that if the current state of things continued, then the entire State of Himachal Pradesh may “vanish in thin air” from the map of the country. It further cautioned that “earning revenue is not everything,” and warned both the state and the Centre that pursuit of economic gain cannot come at the expense of environmental stability of the region.
The judgment recognized the special vulnerability of the Himalayan region to climate change, citing rising temperatures, rapidly melting glaciers, forest fires, unplanned tourism, illegal mining, and inadequate waste management. The Court laid stress on adopting scientific and environmentally sensitive development, consulting geologists, environmental experts, and local populations before undertaking major projects.
Exercising judicial oversight, the Court directed that the case continues as a suo motu public interest matter focused on environmental and ecological preservation. The State of Himachal Pradesh was ordered to file a comprehensive action plan and affidavit addressing environmental collapse, with the Union Environment Ministry also put on notice to play an active role. A hearing is scheduled for 25 August 2025 to review the governments’ responses and proposed measures.
Appearances:
For Petitioner(s): Mr. PS Patwalia, Sr. Adv.; Mr. Kushagra Goyal, Adv.; Mr. Alok Tripathi, AOR
For Respondent(s): Mr. Navin Pahwa, Sr. Adv.; Mr. Anup Rattan, Advocate General; Mr Vaibhav Srivastava, AAG; Mr. Puneet Rajia, Adv.
