NGT mandates time-bound implementation of expert-recommended measures to regulate carrying capacity in eco-sensitive areas, preventing landslides from unplanned constructions via monitoring and accountability.

ORDER

Per Dr. A. Senthil Vel, Expert Member

1. These Proceedings were initiated suo motu in view of the captioned media report in respect of the Joshimath disaster, which had led to the displacement of a number of inhabitants and damage to properties. There was reported sinking of the Earth’s surface due to the displacement of sub-surface material. This was on account of excessive unplanned constructions beyond the carrying capacity. This was also a warning for Mussoorie, where unplanned constructions have taken place and are still taking place. Its carrying capacity was studied by the Lal Bahadur Shastri National Academy of Administration (LBSNAA) in 2001, which suggested that no further constructions are viable.

2. On account of unplanned human settlements, natural ecology and recharge of aquifers are affected. Over concretization leads to landslides.

3. Advance notice was issued by the Registry of this Tribunal on 17.01.2023 to State PCB, Secretaries, Environment and Urban Development, Uttarakhand and District Magistrate, Dehradun.

4. In response, Mr. Rahul Verma, AAG for the State of Uttarakhand and Mr. Mukesh Verma, Advocate for UKPCB, have entered appearance alongwith Mr. K.K. Misra, ADM (Administration), Dehradun.

5. Shri Misra has submitted that an inspection was conducted on 12.01.2023 regarding seepage and land subsidence of the road adjacent to buildings at Landour Bazar, Mussoorie.

6. In the above background, the study of the carrying capacity of eco- sensitive areas in the Himalayan regions in a holistic manner appeared to be imperative for the protection of environment. Without undermining the need for study in all eco-sensitive areas as already directed, specific study for Mussoorie in the light of apprehensions expressed in the above media report was found necessary to be undertaken. Such a study was to cover the extent of construction that could be allowed and safeguards, measures to be taken for existing buildings and all other relevant and associated aspects, including vehicular traffic, sanitation management, maintaining ecological integrity in terms of soil stability and flora/fauna.

7. For this purpose, a nine-member joint Committee headed by the Chief Secretary, Uttarakhand and other members including Wadia Institute of Himalayan Geology Dehradun, Govind Ballabh Pant National Institute of Himalaya and Environment, National Institute of Hydrology (NIH), Roorkee, Prof. J.S Rawat, Kumaon University, Almora, Space Application Centre, Ahmadabad National Institute of Rock Mechanics, Bangalore, CPCB was constituted and ACS Environment, Uttarkhand was made nodal agency for coordination and compliance.

8. The Committee was directed to suggest remedial measures to prevent environmental damage in the light of carrying capacity, hydro- geology studies, geo-morphological studies and also covering other allied and incidental issues. The Committee was given liberty to take assistance from any other expert/institution.

9. In compliance thereof, the Uttarakhand Pollution Control Board with its report dated 24th July, 2023, has filed a status report of the carrying capacity of Mussoorie with preventive and remedial measures which are required to be taken by the authorities concerned.

10. The above measures have been suggested based on research studies of Himalayan districts of the North-Western provinces of India, a study on spring and springshed characterization in Mussoori, Garhwal and o