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Item No. 02

Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

(By Hybrid Mode)

Original Application No. 561/2022

Urvashi Shobhna Kachari

Applicant

Versus

Union of India & Ors.

Respondent(s)

Date of hearing:

08.02.2023

CORAM :

HONBLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

HONBLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

HONBLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER

HONBLE DR. AFROZ AHMAD, EXPERT MEMBER

Applicant:

Mr. Raj Panjwani, Senior Advocate with Ms. Esha Dutta, Advocate

Respondents: Mr. Rahul Verma, AAG for the State of Uttarakhand

Mr. Thakur Sumit, Advocate for MoEF & CC

Mr. Mukesh Verma, Advocate for UKPCB

ORDER

1.

Grievance in this application is against large scale unregulated

violation of environmental norms along the pilgrim tracks of Kedarnath,

Hemkund Sahib, Yamunotri and Gomukh pilgrimage centres in

Uttarakhand. Such violations inter alia consist of indiscriminate disposal

of plastic and animal waste, unregulated human waste, unregulated

equine dung/waste/carcasses. More than 19 lakhs pilgrims visit such

places about 20,000 equines are used in a season. There is no

infrastructure to handle environmental issues arising out of such visits

and related activities. There is breach of public trust doctrine by the State

authorities in remedying the violations. Though regulation of number of

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pilgrims and equines was proposed by the Uttarakhand Government vide

orders dated 30.04.2022 and 10.05.2022, the same was not enforced.

The applicant has mentioned following details of places and activities in

this regard:

“A. District Rudraprayag (Kedarnath Dham)

B. District Chamoli (Hemkund Sahib)

C. District Uttarkashi (Gangotri-Gomukh Dham)

D.

District Uttarkashi (Yamunotri Dham)

Nearest water body - River Yamuna (Tributary of the River Ganges).”

2.

Vide order dated 12.08.2022, the Tribunal sought a factual report

in the matter from Regional Director, CPCB, Uttarakhand, nominee of

MoEF&CC, Uttarakhand State PCB and nominee of G.B. Pant Institute of

Himalayas.

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3.

Accordingly, the Committee has filed its report on 10.01.2023 after

undertaking visit to the sites. The report fairly acknowledges that

infrastructure for waste management is inadequate. Equine excrement,

solid garbage, and plastic waste were observed on and around the tracks

and in the valley. Soak pit toilets were overflowing with waste or the

toilets were not working. Public toilets were insufficient for the number of

visiting pilgrims. During peak hours, there was possibility of a very bad

scenario regarding the management of solid/plastic garbage and track

cleaning. 15,63,278 pilgrims visited in 2022. Govt. of Uttarakhand has

restricted number of pilgrims to 13,000 per day. During interaction with

local people, it was found that the number exceeded during May to July

every year. Handling of the excrement and wastewater produced by

equine and mules lacked scientific mechanism. Dung was either lying on

tracks or swept to side of the tracks. Shelter and space available for

horses and mules were insufficient. If any mules/equines die during

tracking, the insurance provider takes 3-4 days to verify the factual

status for reimbursement of losses. After being verified by the insurance

provider, dead mules and horses are buried. When the number of

pilgrims is higher, owners of mules and horses strive to make the most

excursions in a single day, harming the mules and horses in the process.

According to conclusion of the Committee, preliminary carrying capacity

assessment of mules/equines on the track path has been done. Socio-

ecological criteria based extensive study is required. A system for

managing and regulating people in pilgrimage locations, especially during

peak season, should be developed (April, May and June). Solid and

plastic waste, and site-specific mechanisms for its collection and

transportati