The Uttarakhand High Court on Wednesday observed that cosmetic decisions taken by the Chief Secretary in the meeting held on November 12, 2021, would not solve the problem of landslides in Nainital’s Baliyanala area.
The Division Bench of Chief Justice Raghvendra Singh Chauhan and Justice Alok Kumar Verma said this while hearing a PIL filed in 2018 seeking directions to the respondents to take urgent steps for preservation and conservation of the Hill Area adjacent to Baliyanala leading to the Jeolikote.
In compliance with the order dated 27.10.2021, a compliance report dated 13.11.2021 has been filed by S.A. Murugesan, the Secretary, Department of Disaster Management, Government of Uttarakhand. However, on a bare perusal of the compliance report, the Court said that it that “it is nothing, but an eyewash.”
For, according to the compliance report, on 02.11.2021, a meeting was held under the chairmanship of the Secretary (Disaster), Government of Uttarakhand and the officers of the Irrigation Department, USDMA with the highest scorer consultancy firm towards preparation of the DPR.
Moreover, a meeting was held by the Chief Secretary on 12.11.2021, for having detailed deliberations on various aspects relating to the issue raised in the PIL. Certain decisions were taken in the said meeting, which are as under :-
a) District Magistrate, Nainital was directed to ensure that all the families staying in the proximity of the landslide zone, and identified as being vulnerable are shifted to alternate safe locations.
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b) Irrigation Department was directed to award the consultancy work to the selected firm at an early date so as to ensure preparation of the DPR in the given time frame.
c) Forest Department was directed to ensure sowing of appropriate species of soil binding plants in the destabilized area.
d) In view of the appearance of tension cracks on Harinagar Durgapur road as brought out by Dr. Vikram Gupta, District Magistrate, Nainital was directed to restrict vehicular traffic on Harinagar – Durgapur road, and provide a suitable alternative route.
e) Irrigation Department was directed to facilitate the services of expert agencies or institutions for the evaluation of the DPR, if deemed necessary by the HPC.
f) As regards continuing the services of the consultancy firm during the execution of the DPR, Irrigation Department was directed to explore the possibilities of awarding additional work in accordance with the industry norms.
On a bare perusal of these decisions the Bench noted that despite the fact that the report was submitted by the High Powered Committee (HPC) in 2018, even the minimum of the short-term measures have not been implemented in spite of the lapse of three years.
According to the report submitted by the HPC, one of the short-term measures was to identify the source of spring water in the hillocks in order to take care of the excessive water flowing into the affected area and minimize the extent of deterioration.
Moreover, the HPC had recommended planting and seed sowing of grasses and herbs on gentle slopes starting from the top of the slide, with the help of jute mesh preferably having four inch aperture size, for surface stabilization. “Such geonetting techniques may be applied with the help of deep anchors for better stability. But even this step has not been taken despite the lapse of three years,” the Court further noted.
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Similarly, the HPC had recommended that wooden piling on the surface of a failed slope in existing loose material should be done. According to the Committee, it would stitch the loose material and thus arrest their further slide downwards. The depth of such piling may be 10 metres or more. The spacing of such piles may be 4 metres or so. “However, even this step has not been taken.”
The HPC has also suggested that construction of a retaining wall at the down slope of the landslide area should be carried out. “But, even the retaining wall has not been constructed so far.”
Therefore, the Court directed the Secretary, Department of Disaster Management, Government of Uttarakhand, to appear before the High Court on November 24 through video conference.