2012 Supreme(J&K) 377
JAMMU & KASHMIR HIGH COURT
M.M.Kumar; CJ, Hasnain Massodi, JJ.
Narinder Singh -Appellant
Versus
State of J&K & Ors. -Resopndent
WPPIL No. 760/2002, CMA Nos. 790/2003 & 1341/2003
Decided On : 01-08-2012
S. S. Ahmed Advocate, for the Petitioner.
Mrs. Aruna Thakur Advocate, for the Respondents.
The main legal point established is the court's power to issue directions to prevent environmental degradation and enforce compliance with environmental protection laws.
Headnote:
Environmental Degradation - Public Interest Litigation - Environment Protection Act, 1986 - [T.N. Godavarman Thirumalpad v. Union of India, (2002) 10 SCC 606, and (2009) 17 SCC169] - The court issued directions to remove unauthorized hoardings and stop defacing of rocks for advertising products, in accordance with the expert Committee report. Private respondents were restrained from painting rocks on the National Highway in the State of Jammu and Kashmir, and were required to file an undertaking to not indulge in any environment degradation. The Pollution Control Board was empowered to initiate proceedings, including criminal prosecution, against violators.
Fact of the Case:
The public interest litigation sought directions against official respondents and private firms to prevent painting on rocks or affixation of advertisements in the eco-sensitive Jammu-Srinagar-Leh Highway.
Finding of the Court:
The court found extensive damage to the eco-system caused by painting on rocks, irreversible adverse effects on geological environments and ecology, and serious environmental degradation. It also found that hoardings erected in hilly terrains resulted in serious motor vehicle accidents.
Issues: Environmental degradation due to painting on rocks, violation of environmental protection laws, and obstruction of road views leading to motor vehicle accidents.
Ratio Decidendi: The court relied on the principles of sustainable development and the directions issued by the Supreme Court in T.N. Godavarman Thirumalpad v. Union of India to issue directions for removal of unauthorized hoardings and prevention of environment degradation.
Final Decision: The court issued directions for the removal of unauthorized hoardings and defacing of rocks, restrained private respondents from painting rocks on the National Highway, and empowered the Pollution Control Board to initiate proceedings against violators.
1. This public interest litigation was initiated in the year 2002 and directions were sought against the official respondents to ensure that painting on rocks or any other affixation of advertisements in the eco-sensitive Jammu- Srinagar-Leh High#31;way may not be permitted. It is appropriate to mention that the official respondents were the State of Jammu and Kashmir through its Chief Secretary, Commissioner-Secretary to Government, Forest Department, Principal Chief Conservator of For#31;ests, the Chairman J&K State Pollution Control Board, the Director Environment & Remote Sensing and the Chief Engineer Beacon c/o 56 APO. During the course of proceedings a large number of private firms have been joined as party respondents who were indulging in indiscriminate of painting rocks for advertisement of their products.
2. The matter came up for consideration of the Bench on various dates. On 20.03.2003 a four member Committee was appointed to make on spot assessment of damage caused to the Shivalik Range Hills by advertisements/pain tings of rocks between Jammvi-Srinagar-Leh National Highway. The Committee was comprised of two Advocates of this Court namely S/Shri Tashi Rabstan and Mr. Mayank Gupta. The other 2 members were one each from Department of Geology, Univer#31;sity of Jammu and the Regional Research Laboratory Jammu. The Committee was required to make spot assessment and submit its report. The Bench made it clear that the Committee was not to confine its report for holding accountable for damages the party respondents alone but it was at liberty to highlight the activities of any other person or business house, who may have caused damage to the Shivalik Ranges by painting their advertisements on the rocks alongside the National High between Jammu and Srinagar. The Committee was required to take into account the size and the number of paintings put up by them. In case any labour was to be engaged for measurement then the Committee was at liberty to do so and bills for expenses incurred was to be submitted by the Committee to the Court.
3. The Committee submitted its report and respondents were given time to file objections if any to the report. The Committee examined in detail and found that there were 363 large and small size hoardings along the National Highway which were erected on the rock slopes. The size of the hoardings in most of the cases was 20 feet X 10 feet. The findings recorded by the Committee are that the damage is extensive to the eco-system on these fragile mountain slopes and riverbeds which sustain mosses and innumerable species of micro-organisms. These geological formations are the repository of geological records of the past millions of years and damage caused to them is irreversible in practical terms. This invaluable geological record should not be damages by allowing any activities of painting for advertise#31;ments etc.
It is also interesting to notice the opinion of the Committee as to how paintings on rocks caused irreversible damage to the geological environments and ecology. On the aforesaid issue the finings of the Committee would read as unden-
"Painting on rocks causes irreversible heavy damages to the geological environments and ecology. These damages are multifold and have muiti-pronged adverse effects on the health of the earth systems. The damages causes by this human activity unfortunately do not catch the attention of the people, as is the case with earthquakes, volcanoes, storms, fires, floods, landslides, etc. But the adverse effects of painting on rocks are far more reaching in the labile geoenvironment and ecosystems than the above cited examples. Some of these irreversible adverse effects are detailed here. Elimination of Soil Formation processes
The physical, chemical and biological weathering processes are operative at the interface of rock face and atmosphere. This process is essential for the formation of soil in the earth system. Since abiotic and biotic enviro