The National Green Tribunal, while noting that the joint Committee has found several violations causing damage to the environment in Kufri, directed the Ministry of Environment, Forest and Climate Change (MoEF&CC) as well as the Himachal Pradesh Government to comment on the report.
The Bench of Justice Sudhir Agarwal, Dr. A. Senthil Vel heard an application filed related to the disturbance caused at Kufri due to unscientific management of tourist activities including employment of horses to a large number in a small area which was affecting natural vegetation, local ecology and damaging the environment at large scale.
It was said that Kufri was the first place in India to be developed for alpine skiing sport by the Britishers.
The country’s first winter sports club was established here. This was because lush deodar forest around made it possible for the area to have lots of snowfall during winter months starting from late November till end of February.
This not only ensured adequate water supply and moisture required for Rees and forest fauna in the area but also continuous recharging of many natural sources of water in the area.
However, due to callous attitude of State Authorities, rising number of horses and other local reasons, snowfall in the area is continuously declining for the last two decades.
As a consequence, water resources are drying. Shimla town itself remains devoid of any snow for most of the winter season. In order to encourage skiing activities in the area and for augmenting tourism, several steps were taken but this also adversely affected ecological balance in the area.
Presently, there are about 700-800 horses functioning in a small area of 8-10 Sq. Kms, in and around the tourist village of Kufri, which is at the edge of the reserve forest and catchment. Uncontrolled movement of horses has irreparably damaged flora and fauna of this ecosystem.
It has damaged the food chain in the area. Continuous plying of horses has severely damaged beautiful forest trails and caused further damage to tree roots. The local administration has made available a huge area as a parking place for horses in the prohibited area of forest.
After the day’s plying, the owners of these horses let the horses enter adjoining forests causing severe damage to deodar tree roots along with flora and fauna therein. One can see naked tree roots and dry trees and shrubs with heaps of stinking horse dung all over the area.
Forest at a particular patch, about one km from Kufri on the ChailKufri Road, has been severely damaged by the horse owners by making an illegal road, using a JCB machine, which was in the knowledge of the forest authorities, but they have not taken any action in the matter.
It is said that the continuing degrading situation demands immediate action in the area as the forest and ecology of the area has been severely damaged.
Considering the grievance raised by the applicant, Tribunal found it appropriate to obtain a factual report for the purpose whereof it constituted a joint Committee comprising Divisional Forest Officer, Shimla, Regional Officer, MoEF&CC, Chandigarh, State PCB and District Magistrate, Shimla vide its order dated 13.03.2023 and required the Committee to submit its report within two months.
Pursuant to order dated 13.03.2023, Environmental Engineer, HP State Pollution Control Board vide letter dated 23.03.2023 has submitted joint Committee’s report. The Committee has found several violations causing damage to the environment which includes degradation of natural vegetation. It has been observed that more than a thousand of horses and ponies are employed in the small area which is much beyond the carrying capacity of the area. Besides, solid waste management is also not scientific and it is also causing huge pollution in the area.
After going through the said report, the NGT find that comments of MoEF&CC as well as Government of HP through Additional Chief Secretaries/ Principal Secretaries, Tourism as also Environment, need be obtained for the purpose of implementation of the report, if in principle they agree with the recommendation in the report, and/or, if they have any objection the same be also be placed before Tribunal,
The NGT accordingly issued notice to MoEF&CC and also Government of HP through Additional Chief Secretary/ Principal Secretary, Tourism as also Environment.
“Notices be also issued to SADA, Kufri and Gram Panchayat, Kufri requiring them also to submit their comments on the report.”
The applicant has stated that the report in substance supports his stand and therefore he does not propose to file any objection or comments to the report. He requested for acceptance and implementation of the report in substance.
The NGT has listed the matter on 12.07.2023 for further hearing.