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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Sudhanshu Dhulia, Ramesh Chandra Khulbe, JJ.
Rakshit Joshi - Appellant
Versus
State Of Uttarakhand And Others - Respondent
Writ Petition (Pil) No. 74 of 2019
Decided On : 27-07-2020
ENVIRONMENT AND ECOLOGY - BUGYAL - ALPINE MEADOWS - BIOLOGICAL DIVERSITY - TOURISM - SUSTAINABLE DEVELOPMENT - PUBLIC INTEREST LITIGATION - DIRECTIONS TO STATE GOVERNMENT - IDENTIFICATION OF BIODIVERSITY HERITAGE SITES - DETERMINATION OF CARRYING CAPACITY - RESTRICTION ON ACTIVITIES IN ECO-SENSITIVE AREAS - PROMOTION OF SUSTAINABLE TOURISM.
Fact of the Case:
A public interest petition was filed challenging the grant of permission by the State Government for holding a mega wedding ceremony at "Auli", an eco-sensitive area in Uttarakhand. The petitioner contended that the event would cause environmental pollution and ecological damage to the area, which is a "bugyal" or alpine meadow. The State Government defended its decision on the ground that it would boost tourism in the region.
Finding of the Court:
The Court held that the State Government erred in granting permission for the event without considering its potential environmental impact. It noted that "Auli" is a biodiversity-rich area and falls within the periphery of the "Nanda Devi Biosphere Reserve", a UNESCO World Heritage Site. The Court also observed that the State Government had failed to determine the "carrying capacity" of "Auli" before allowing the event, which resulted in a significant amount of waste and garbage being generated.
Issues: 1. Whether the State Government erred in granting permission for the mega wedding ceremony at "Auli", an eco-sensitive area? 2. Whether the event caused environmental pollution and ecological damage to the area? 3. Whether the State Government has a duty to protect and conserve biodiversity and promote sustainable tourism?
Ratio Decidendi: 1. The Court held that the State Government erred in granting permission for the event without considering its potential environmental impact. It noted that "Auli" is a biodiversity-rich area and falls within the periphery of the "Nanda Devi Biosphere Reserve", a UNESCO World Heritage Site. The Court also observed that the State Government had failed to determine the "carrying capacity" of "Auli" before allowing the event, which resulted in a significant amount of waste and garbage being generated. 2. The Court held that the event caused environmental pollution and ecological damage to the area. It noted that the event generated a large amount of waste and garbage, which was not properly disposed of. The Court also observed that the event caused air and water pollution due to the use of diesel generators and fireworks. 3. The Court held that the State Government has a duty to protect and conserve biodiversity and promote sustainable tourism. It noted that the Biological Diversity Act, 2002 mandates the State Government to develop national strategies, plans, and programmes for the conservation and sustainable use of biological diversity. The Court also observed that the State Government has a duty to promote sustainable tourism, which takes into account the environmental and social impacts of tourism.
Final Decision: The Court disposed of the petition with the following directions: 1. The State Government shall constitute an expert Committee within four weeks to examine the need for identifying biodiversity heritage sites in Uttarakhand and to fix the carrying capacity of "Auli" within three months. 2. The State Government shall deposit the remaining amount of Rs. 3,05,177/- with the State Government Treasury and determine the amount needed for repair of damages caused by the event. 3. The State Government shall limit its activities in "Auli" to sports and adventure tourism and not venture into any other activities that are not compatible with the principles of sustainable tourism.
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JUDGMENT
1. This petition is a public interest petition filed by a practicing lawyer before this Court. He has raised concern about violations of environmental laws, at the hands of the private respondents, as well as violations of the orders of this Court as well as of Allahabad High Court, which were for the protection of "bugyals" in Uttarakhand. These orders, inter alia restricted human activities on a "bugyal" in Uttarakhand. We will shortly discuss as to what is a "bugyal".
2. The cause of action for filing the PIL according to the petitioner, came because the Government of Uttarakhand had given permission to respondent nos. 12 and 13 to hold wedding ceremonies of their sons at "Auli", in District Chamoli, Uttarakhand. The case of the petitioner is that where the wedding ceremonies, reception and a whole lot of other activities are to take place, is a "Bugyal" and activities of this nature, at such a large scale, cannot be permitted on a Bugyal, which is an eco sensitive place. "Bugyal" is the name given in Uttarakhand for Alpine meadows. A "bugyal" is a soft grass cover on land, high up in the mountains, beyond the tree lines, and is an ecosystem in itself.
3. It is true that what was to take place at "Auli", or rather what eventually took place there was not a simple wedding or a ceremony. It was a mega wedding of members of a billionaire non-resident Indian family, and as per the newspaper reports it was in all a Rs. 200 crore lavish wedding event, or series of events, spread over a period of an entire week. It was to be attended by a large numbers of guests, including Movie celebrities.
4. Respondent nos. 12 and 13 are members of a super rich Indian family ("Gupta family", for short), which has business interests in South Africa. It seems that the Gupta family was looking for an exotic destination for the wedding of their children and finally settled for "Auli", which is a remote mountain resort, known for skiing in winters. In their counter affidavit they have justified organising this Mega event at "Auli", inter alia, on ground that this "wedding event", at "Auli" in Uttarakhand, will give a much needed boost to tourism in Uttarakhand and will bring Uttarakhand on the world tourist map! The State Government seems to be only supporting this view.
5. There is no specific prayer before this Court for stopping the ceremony or the weddings. Following were the prayers made by the petitioner:
"a. Issue appropriate writ, rule, order or direction appropriate in nature commanding the State respondents to take all effective steps for preserving the Environment and Eco balance and atmosphere at Auli and its vicinity in terms of environmental law and Pollution Control Act and the directions given time to time by this Hon'ble Court which is highlighted in the body of the petition and further to take all steps to prevent any type of pollution at Auli and its vicinity by proposed marriage ceremony organized by the private respondents and also to declare any type of permission contrary to the law and direction of the Court is void, arbitrary and illegal and further to remove any type of construction of activities which is running contrary to the law, so the fragile ecosystem of Auli Bugyal (meadow) and its vicinity not to be affected keeping in view the fact highlighted in the body of the petition or to mould the relief appropriately in view of the facts and circumstances of the case.
b. Issue appropriate writ, rule, order or direction in nature to constitute an inquiry by appointing a judicial officer to inquire the matter including the decision making process for grant of such approval and permission to find out the person responsible and to fix the liability on the erring persons by imposing appropriate damages and compensation as the Hon'ble Court may deem fit and proper, so the same can be utilized for the betterment of environment in Auli Bugyal.
c. Issue appropriate writ, rule, order or direction appropriate in nature to dire
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