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Court On Its Own Motion vs. State of Himachal Pradesh & Ors.

The document discusses orders from the National Green Tribunal regarding the use of CNG and electric buses in Rohtang Pass and surrounding areas in Himachal Pradesh. The Tribunal notes the status report submitted by the State of Himachal Pradesh on efforts taken regarding CNG buses, including allocating land for CNG stations. Officers from relevant departments also attended the hearing. The Tribunal directs the State to commence CNG bus services in the coming season. It also directs the State to hand over land to GAIL Gas Ltd. to establish CNG stations, and for the State to apply for forest clearance for one station. The Tribunal further directs the Secretary of the Ministry of Petroleum to consider financial

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0% found this document useful (0 votes)
57 views18 pages

Court On Its Own Motion vs. State of Himachal Pradesh & Ors.

The document discusses orders from the National Green Tribunal regarding the use of CNG and electric buses in Rohtang Pass and surrounding areas in Himachal Pradesh. The Tribunal notes the status report submitted by the State of Himachal Pradesh on efforts taken regarding CNG buses, including allocating land for CNG stations. Officers from relevant departments also attended the hearing. The Tribunal directs the State to commence CNG bus services in the coming season. It also directs the State to hand over land to GAIL Gas Ltd. to establish CNG stations, and for the State to apply for forest clearance for one station. The Tribunal further directs the Secretary of the Ministry of Petroleum to consider financial

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Kartik Solanki
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BEFORE THE NATIONAL GREEN TRIBUNAL,

PRINCIPAL BENCH, NEW DELHI

Original Application No. 237 (THC) of 2013


(M.A. No. 389 of 2014, M. A. No. 1145/2015,
M. A. No. 1250/2015, M. A. Nos. 324/2016 & 325/2016)
And
Original Application No. 492 of 2014
IN THE MATTER OF:-

Court on its own Motion Vs. State of Himachal Pradesh & Ors.
And
Abhimanyu Rathor Vs. State of H.P. & Ors.
CORAM : HON’BLE MR. JUSTICE SWATANTER KUMAR, CHAIRPERSON
HON’BLE MR. JUSTICE M.S. NAMBIAR, JUDICIAL MEMBER
HON’BLE PROF. A.R. YOUSUF, EXPERT MEMBER
HON’BLE MR. BIKRAM SINGH SAJWAN, EXPERT MEMBER

Date and Orders of the Tribunal


Remarks
Items No.
1 and 2 When the matter came up for hearing on 7th April,
May 09, 2016 the Tribunal passed the following order.
2016
“In furtherance to our earlier orders of the
Tribunal the State of Himachal Pradesh has filed
a status report dated 04th April, 2016 on record
of the Tribunal. We had also directed the Senior
Offices to be present to provide a final shape to
the directions issued by the Tribunal in its
earlier order in relation to various facets for
maintaining environmental and ecological
balance in one of the beautiful Himalayan peaks
falling in Rohtang Pass. Both aspects are
required to be dealt with, that is prevention and
control of pollution on the one hand and
restoration and rejuvenation of the Rohtang Pass
in terms of ecology and environment on the
other.
Mr. Sanjay Gupta, Principal Secretary,
Transport, Mr. R.D. Dhiman Principal Secretary,
Transport, Deputy Commissioner, Kull, Mr. S.P.
Sharma , Chief Operating Officer from GAIL Gas
Ltd., Mr. Praveen Agrawal, Director, Ministry of
Heavy Industries, Govt. of India and Mr. Kunal
Dubey, Deputy Manager from Ministry of
Petroleum is present before the Tribunal.
However, no officer is present on behalf of the
MoEF.
First and foremost, we would like to deal with
the issue in relation to CNG and electric buses to
be made operative in Rohtang Pass and
surrounding areas of Manali onwards. As per
the status report the State has submitted as
follows:
“Transport Department:
The latest status as intimated by the transport
Department is as follows:
1. Operation of CNG:
(a) That Government of Himachal Pradesh

1
has accorded approval for the purchase of 10 No.
CNG Buses to Himachal Road Transport
Corporation (HRTC). Tender process for the
purchase of these uses has been completed.
Further process is on hold till the availability of
the CNG.
(b) An amount of Rs. 81.00 lacs has been
sanctioned by the government for purchase of
three caskets (Trucks) Three LCV/medium
vehicles for transportation of CNG from Tahiwal
(MBS) to Manali (DBS).
(c) That for the establishment of Mother
Booster Station (MBS) at Tahliwal land has been
transferred in the name of the Department of
Transport and the Government has accorded
permission to lease out the said land to GAIL gas
Ltd. The RTO Una has been asked for preparing
estimate for fencing the premises. Site selection
for Daughter Booster Station (DBS) at Manali has
been finalized by the GGL on 29th October, 2015,
formal approval is awaited. Whereas case is
being prepared for the grant of forest clearance for
the establishment of (DBS) at Manali.
(d) That it is pointed out by the Transport
Department that the department is not in a
position to bear the Capex Cost to the tune of Rs.
17.5 crore for the establishment of CNG Stations
at Tahliwal and Manali, as thre is no such
infrastructure at its own cost. The State
Government has already taken up the matter with
the Secretary, Ministry of Petroleum and Natural
Gast (MoPNG), GOI to bear the cost or issue
necessary directions to M/s GGL to bear this cost.
The letter from the Pr. Secretary (Transport) to the
Secretary Ministry of Petroleum and Natural Gas
(MoPNG), GOI, is annexure as “Annexure R-1”.
(e) Retail cost of CNG at various locations
upstream of the MBS would sequentially rise til
the last DBS, as the haulage cost of CNG from the
MBS to various DBS can be done only through
Light Commercial Vehicles (LCVs). In fact, it
would be highest at Manali, the last point in the
supply chain in the CNG infrastructure. The same
would have to be borne by the consumers or
vehicle owners unless the retails price of the CNG
can be made standard through some mechanism.
The State Government has already taken up the
matter with the Secretary, Ministry of Petroleum
and Natural Gast (MoPNG), GOI, (Annexure R-1) to
subsidize the retail price of CNG to be supplied to
the consumers at Manali to make it cost affective
and also to encourage its usage being Eco-
Friendly. Accordingly, it is prayed the necessary
directions in this regard may kindly be issued to
GOI.
2. Operation of Electric Buses
(i) The Ministry of Heavy Industries has
approved Rs. 1.50 crore each for the purchase of
25 No. of Electric Buses subject to the finalization
of specifications by Government of India. The
Tender process shall be initiated by the Govt.of

2
H.P. thereafter.
(ii) Hon’ble Chief Minister, Himachal Pradesh
has announced exemption for Token Tax,
Registration Charges and VAT on all electrical
vehicles in order to promote eco-friendly transport
services in the State in his Budge speech.”

From the above it is clear that the State is


making every effort to implement the directions
and protect the environment of the Rohtang Pass
and the Glaciers around it. They have expressed
their financial limitations, as one of the main
obstacles for not complying entirely with the
directions of the Tribunal.
Learned Advocate General appearing for the
State of Himachal Pradesh has submitted that
they have already placed an order for purchase of
10 CNG, buses but an additional expenditure of
Rs. 17.5 crores has to be incurred for
establishment of CNG Station at Tahliwal and
Manali. Learned counsel appearing for the GAIL
Gas Limited (GGL) submits that they have
planned installation of mother booster Stations
at Tahliwal and Daughter Booster Station at
Manali. It is confirmed on behalf of the State of
Himachal Pradesh that land has already been
earmarked and handed over to the Transport
Department for installation of Mother Booster
Station at Tahliwal and land had been identified
at Manali for Daughter Booster Station. The
papers would be submitted shortly to the
competent Authorities.
Learned counsel appearing for the Ministry of
Petroleum submits that they are not having any
policy to support the State Government for
establishment of such CNG Stations. In the light
of this, we issue the following directions:-
1. The State of Himachal Pradesh shall
without fail commence the CNG Bus Stations in
the coming season.
2. The land would be handed over to the
GGL for construction and establishment of the
mother Booster Station at Tahliwal and Daughter
Booster Station at Manali within three weeks
from today. The work thereupon will be
commenced immediately thereafter.
3. As far as the land at Tahliwal is
concerned no other clearance is required and the
work must progress without default.
4. The land allocated for Daughter Booster
Station at Manali the Application would be
submitted by the State of Himachal Pradesh
within one week from today and the same shall
be disposed of by MoEF within two weeks
thereafter. Upon clearance being granted, the
work of Daughter Booster Stations shall also be
commenced without default.
5. We direct Secretary of Ministry of
Petroleum to consider the case of the State of
Himachal Pradesh for financial assistance in
relation to Rs. 17.5 crores expenditure to be

3
incurred in that regard. Under the Federal
structure of our Constitution, environment being
Central subject, it is expected that both the
Governments would put their means together to
achieve the object of clean environment, which is
a fundamental right of the citizens. This will not
only be an environmental activity but would add
revenue to the State Government as well as
Central Government. We are hopeful that the
Petition filed on 02nd April, 2016 should be
considered by the Ministry at the earliest, in
spite of the Reply already sent by the Ministry.
We direct that the Ministry should consider the
same objectively and purposefully. It is a joint
responsibility of the Central and State
Government to maintain clean environment and
protect its natural resources which is the
constitutional mandate.
6. We also direct to GGL to make its
contribution to this project in lieu of its corporate
social responsibility. It cannot be said to be a
commercial activity. It is for a public purpose
and is the environmental responsibility.
Thus, we direct Secretary of Ministry of
Petroleum to take up a meeting within one week
from today and with the State of Himachal
Pradesh, GGL and other concerned and take a
final view on the matter afore-indicated.
Compliance thereof would be submitted to the
Tribunal immediately thereafter.
7. Learned counsel appearing for the
Vehicles Owners Associations of that area
submits that they would be very glad to make
their contribution by purchasing CNG Buses, if
the CNG is made available in that area. Besides
that, they also want to make collective
contribution by purchasing the CNG buses if the
State would permit and that would also reduce
the liability of Rs. 17.5 crores to a larger extent
and the expenditure incurred in future would be
reduced. We find this suggestion purposeful and
bonafide. Let the Secretary present before the
Tribunal consider this proposal expeditiously
and provide a hearing to the vehicle owners
associations before taking a final view.
Learned counsel appearing for the GGL submits
that they would comply with all the requirements
and guidelines issued by Petroleum and Natural
Gas Regulatory Board (PNGRB).
Coming to the electric buses, it has been stated
that the proposal is acceptable to the State and
the Officers present bind the State Government
in relation to the report submitted. The State of
Himachal Pradesh is ready with 25 % of the
expenses to be incurred for purchasing the 25
electric buses which would be started primarily
in the area in question and could be used even
for other places after the season.
We direct the Ministry of Heavy Industries to
finalise the design and specifications of the
tender in consultation with the State of Himachal

4
Pradesh. We are told that the meeting is fixed on
12th April, 2016. On that date the specifications
would be finalized, whereupon the State of
Himachal shall invite tenders for supply of all
these buses within two weeks therafter.
The copy of the tender issued shall be placed on
record of the Tribunal.
The expenditure of the buses shall be borne in
the ratio of 25% and 75% by the State and
Central Government. The State of Himachal
Pradesh have further provided incentive for the
persons using electric vehicles, as toll tax,
registration charges and VAT would not be
payable by the them. The State of Himachal
Pradesh shall also consider similar benefits to
the CNG vehicles as well. The Government
should also consider purchase of hybrid buses.
Steps would be taken by the State of Himachal
Pradesh to finalise the purchase of these vehicles
expeditiously and the Ministry of Heavy Industry
would provide help to the State of Himachal
Pradesh in that regard.
The ropeway from Palchan to Rohtang project
should be expedited. We direct the project
proponent to take steps without further delay
and default, and submit the compliance report. It
is submitted that as per the Memorandum of
understanding, the schedule for different phases
have been fixed. The State to place the
compliance report to this effect before the
Tribunal.
We direct the Deputy Commissioner Kullu.
SDM Manali and SP Manali to submit a complete
and comprehensive report upon actual physical
verification of the site as to the maintaining of
checkpost, online monitoring and checking of
vehicles, issuing permits and if any suggestion
they propose to make for the purpose of
including implementation of the directions issued
by the Tribunal. Depending on this report we
would consider the variation in the number of
vehicles that can be permitted in the coming
season. Presently Rohtang pass is not open to
the visitors. We direct the same committee to
give us the complete comprehensive report in
relation to installation of Temporary Toilets at
Rohtang Pass. The same committee would
jointly inspect all the snow scooters and report to
the tribunal as to how many snow scooters are
petrol operated/battery operated and how many
are diesel operated. They will also state if they
are having two stroke or four stroke engines.
The committee would also identify the portion if
any, in consultation with the Director of HFRI,
Shimla, where the snow scooter if at all can be
permitted to be operated during this season.
This very committee would also identify the take-
off and landing point of paragliding.
List these matters on 08th April, 2016.”

5
2. As would be evident from the above, the order

primarily related to plying of CNG and/or electric buses in

this eco-sensitive area at Manali-Rohtang. Further, a

Committee was constituted to submit a report upon

physical verification in regard to various matters as

directed under various orders of the Tribunal.

3. Compliance report/affidavit dated 18th April, 2016

was filed. In this affidavit effort was made to show that the

directions of the Tribunal were being complied with. it was

stated in this report that for Snow Scooters areas were

identified at Rohtang Top, Beas Nala, Sagu Fall and at

Gulaba. For Paragliding, it was stated that two sites have

been identified, one at Solang and the other at Marhi.

4. The Committee appointed under the orders of the

Tribunal reported that the sites were visited on 16th April,

2016 and check-posts established at Bahang and Gulaba

were found to be functional, equipped with technology and

computer system in all respects. Reports were also

submitted in relation to Snow Scooters under both the

categories of 4 stroke snow mobile and 2 stroke snow

mobiles. Out of total number of 85, 41 snow scooters were

stated to be unregistered.

5. Affidavit on behalf of the Ministry of Petroleum and

Natural Gas was also filed in furtherance to the Order

dated 7th April, 2016. It was stated in this affidavit that

two meetings were held on 12th April, 2016 and 14th April,

2016 with the officials of the Government of Himachal

Pradesh, GAIL, GAIL Gas and PNGRB. The Minutes that

have been placed on record show that GAIL, GAIL Gas and

representatives of the Government of Himachal Pradesh

6
were to work out a sustainable business model within 4

weeks to consider the capital cost of Rs. 17.50 crores as it

had feasible alternatives to avoid such capital expenditure.

6. It was contended that the 2 stroke snow scooters

are bound to cause greater air pollution and affect the

glacier and its surrounding areas. It was also stated that

the report submitted by the Committee is factually

incorrect and the state of affairs prevailing actually at the

site are in much worse conditions than is being depicted

in the reports. There is traffic chaos, greater pollution and

degradation of environment and ecology of this eco-

sensitive area. The State of Himachal Pradesh in all the

hearings has been taking up the stand that it really wants

to implement the directions issued by the Tribunal with

utmost sincerity and effectiveness. Even the Learned

Advocate General, who appeared before the Tribunal on a

number of occasions, reiterated such a stand of the State

and prayed for some variations in the orders of the

Tribunal to implement them effectively and efficaciously.

The directions were varied to some extent to accept the

contentions of the State and make the directions more

practicable but without any serious or adverse impact on

the environment and ecology of the eco-sensitive areas.

However, we are pained to notice that despite such

unequivocal stands of the various departments of the

State of Himachal Pradesh they are found wanting

practically in all the areas. It is primarily with regard to

afforestation that some effective steps in consonance with

the Judgment of the Tribunal have been taken. But, in all

other fields the implementation of directions requires

7
greater seriousness and implementation from the State.

7. The Tribunal has not passed any Orders with

variation or contradiction. The Orders were reiterated time

and again. However, limited variations were done at the

behest of the State to enable them to implement and

enforce the directions with greater effectiveness. However,

as already noticed, the State has been found wanting in

relation to most of them. The State has prayed for certain

further relaxation or variation of directions, on the ground

that the State’s revenue is suffering, people have lost their

employment and commercial viability is a pertinent

consideration. We are not oblivious of these conditions but

under the garb of these conditions the State and the

people at large cannot be permitted to destroy the natural

assets irreversibly. The Doctrine of Public Trust imposes

an obligation not only on the State but even at the public

at large to maintain its natural assets in a condition in

which it was received by them, if not in a better condition,

to the next generation. The degradation of environment

and ecology of the eco-sensitive area is now a publically

known fact and can be taken judicial notice of by the

Tribunal.

8. Persistent degradation of environment and ecology

and damage to the glacier and its surroundings compels

us to pass appropriate directions in consonance with the

main judgment of the Tribunal. Furthermore, the traffic

hazards and serious emissions is causing reduction of the

glaciers. It is necessary to protect the environment and

ecology of that area, for which we pass the following

directions:

8
I. The State of Himachal Pradesh has prayed for

relaxation in certain directions issued by the

Tribunal, more particularly relating to operation of

paragliding, snow scooters and other activities which

according to them are non-polluting as well as

number of vehicles. We do not find merit in all the

contentions raised on behalf of the State of Himachal

Pradesh in relation to the activities but some of them

could be permitted to be started in restricted areas

with an object to examine if the State Government

and its authorities are able to maintain proper check

and balances and carry on the activity without

causing any pollution of the area in question. As far

as Rohtang is concerned, we are completely

unsatisfied with the proposals made as it is an

extremely eco-sensitive area and cannot be subjected

to further degradation on the mere assurance that the

State Government would take appropriate steps. It

will be appropriate to permit some activities to the

State Administration at lower levels and thereby

observe the consequences thereof upon the

environment and ecology. The eco-friendly market at

Marhi has not been made operational fully despite the

fact that more than 2 years has passed since passing

of the Judgment by the Tribunal. It is a partial

attempt being made by the State. The State claims

that it has identified the zones where Paragliding and

snow scooters would be permitted. After considering

the assurance given by the State in its affidavit and

reports, we permit the following limited activities for a

9
limited period, subject to filing of the report by the

Local Commissioners that would be appointed in this

order.

A. Only 4 stroke snow scooters would be permitted

to operate at Beas Nala to Sagu Fall and at

Gulaba. Not more than 50 4 stroke snow mobiles

would be permitted at both these sites

collectively.

B. We also permit Paragliding which shall be

permitted at Solang and Marhi and at both the

places the paragliding would take place within

the identified areas and it would be ensured that

the persons carrying on paragliding and the

tourists do not generate any municipal solid

waste at the take off point and/or landing points.

Strict vigil shall be maintained to ensure that the

toilets fixed at these sites are eco-friendly and are

cleaned everyday and the waste collected is

transported to the appropriate sites and is not

dumped anywhere around the eco sensitive areas

at these places.

C. The persons involved in providing Dress/Local

Dresses (Pahari Dresses) for photography

purposes would be permitted to carry on their

activity at Rohtang, Gulaba, Solang and Marhi.

The persons who are given permit to carry on

this activity would be licensed and would carry

on that activity strictly as per the terms and

conditions of the licence to be provided by the

concerned State Authority.

10
The State Authority shall ensure that they

also do not generate any kind of waste at any

point and in the event of breach of terms and

conditions of the licence, their licence shall be

liable to be terminated and thereafter they would

not be permitted to carry on the said activity.

The camera man or the people providing these

services would not be permitted to carry on any

other ancillary activity or carry any kind of

eatables at any of the identified sites.

D. All tearing vehicles shall be operated only at

Solang to Bahang and Marhi to Sagu Fall. Not

more than 50 ATVs shall be permitted to run in

these areas, that too, subject to verification and

on the defined routes.

E. No activity of any kind would be permitted at

Rohtang Pass except providing of local dresses

and photography. The Tribunal would consider

permitting other activities at Rohtang only after

receipt of the report of the Commissioners that

are appointed under this order. For the present,

we make it absolutely clear that no other activity

or business, snow scooters, ATVs and horses

except the ones specifically permitted above and

visiting of the tourists will be carried on at

Rohtang Pass and its surrounding areas.

F. That at least 30 eco-friendly toilets would be

provided at Rohtang Pass and they shall be

cleaned every day. The waste/sewage extracted

shall be transported to an appropriate site at

11
Kullu/Marhi and would not be dumped in any

other area. The concerned Authority particularly,

Department of Tourism and other environmental

agencies shall maintain due record thereof.

G. The Municipal Waste from all places shall be

collected on a day to day basis and transported

to the appropriate site.

Complete and comprehensive record on that

behalf shall be maintained.

It has been stated on record that the cleaning

and collection of the municipal solid waste is

outsourced to a private agency on an annual

contract of Rs. 13, 90,000 annually. In the event

of any default, the persons responsible for

throwing the municipal solid waste including the

private agency responsible for collection of the

same would be liable to pay Environmental

Compensation of Rs. 5000 per event if the

garbage or municipal solid waste is found outside

the dustbins meant for that purpose. Collection

of waste would be the responsibility of the private

agency and there should be no garbage or plastic

lying on the roads.

H. We permit 800 petrol vehicles to go to Rohtang

per day instead of the 600 provided in the main

judgment. We particularly deny any increase in

the diesel vehicles which would be maintained at

400. All these vehicles which have maintained

emission standards would be permitted to go to

Rohtang. All these vehicles would operate as per

12
the terms and conditions imposed by the

authorities and the orders passed by the

Tribunal earlier.

I. No Horses would be permitted at Rohtang at the

first instance. Not more than 200 horses would

be permitted at all other marked and specified

routes. These horses are to be registered and to

be examined for health issues like Glanders

before they are permitted to operate.

The mule/horse owners would be permitted

to make associations of licensed horses and they

would be responsible to maintain absolute

cleanliness, i.e., collection and disposal of

municipal solid waste along with the concerned

authorities. The mule/horse dung shall be

collected from the sites at Marhi, Solang, Sagu

Fall and Gulaba. It will be ensured that the

horses are permitted only on the marked routes

and there is due procedure for collecting the

horse dung. The owners of the horse will be

provided permissions/licences for carrying on

this activity. In the event any mule dung is found

on the marked routes the licensor would be liable

to pay Rs. 5000 as Environmental Compensation

in equal shares. Besides that, the licence shall be

terminated and cancelled. No temporary sheds

would be permitted at Rohtang which provide

eatables, tea and other facilities.

J. The authorities particularly the tourism

department shall it display boards of Do’s and

13
Don’ts at various places.

II. We further direct the State of Himachal Pradesh to

submit a comprehensive status/compliance report in

relation to:

A. Ropeway.

B. Operationalization of CNG and electric buses.

C. Its submission of plan to the Competent Authority

in terms of the minutes of the meeting dated 12th

April, 2016 and 19th April, 2016 taken by the

Secretary, MoP&NG.

D. State of Himachal Pradesh in consultation with

NEERI to submit complete and comprehensive

status report in relation to carrying capacity of

Rohtang Pass, Marhi, Solang, Gulaba and other

tourist spots in that area on all aspects of

environment.

E. The State of Himachal Pradesh shall submit a

complete and comprehensive report in relation to

compliance of various directions contained in the

judgment dated 6th February, 2014 and orders

dated 20th November, 2014, 6th July, 2015, 16th

July, 2015 and 7th April, 2016.

F. Collection and disposal of Municipal Solid Waste/

garbage and all other kinds of wastes at all points

particularly, Rohtang, Marhi, Solang, Gulaba and

Beas Nalla etc. shall be reported.

G. Status with regard to afforestation.

H. Status with regard to establishment of Eco-friendly

market at Marhi.

I. The projected aspects of expenditure from and how

14
much money out of money collected under the Head

‘Green Tax/Environmental Compensation’ payable

by tourist taxis and all other aspects in that behalf

shall be stated by the State Government.

III. That we appoint the following Local Commissioners

who shall visit Rohtang Pass, Solang, Marhi and Gulaba

and file a comprehensive report before the Tribunal in

relation to compliance of the terms and conditions of the

Judgment dated 6th February, 2014 and orders passed

thereafter, particularly this order. They would pay greater

emphasis as to the impact on environment and ecology,

waste management, level of pollution and blackening of

snow in that area. The Local Commissioners shall submit

a report to the Tribunal within 3 weeks from the date of

passing of this Order. We appoint the following Local

Commissioners:

1. Ritwick Dutta, Advocate

2. Tarunvir Singh Khehar, Advocate

3. Neelam Rathore, Advocate

4. Pradeep Mishra, Advocate

5. Anil Grover, Advocate

6. Mukesh Verma, Advocate

The Commissioners will visit Manali, Solang,

Vashisht, Gulaba, Marhi, Kothi and Beas Nalla. They will

visit in the teams of two, i.e., Local Commissioners

appointed at Sr. No. 1 & 2 together, 3 & 4 together and 5

& 6 together. Their fee is initially fixed at Rs. 40,000/-

each, which shall be paid by the State of Himachal

Pradesh at the first instance and would be subject to final

15
orders passed in the petition. Besides fee, expenses of

travelling and residing at Manali would also be provided

by the Department of Tourism, State of Himachal Pradesh.

All authorities concerned, particularly, the Deputy

Commissioner and the S.P, Kullu are directed to provide

all help, assistance and security to the Commissioners

appointed by the Tribunal and ensure that they can carry-

out commission effectively and without obstruction of any

kind.

It is necessary for the Tribunal to have before it the

response of concerned authorities as afore-indicated and

authenticated report from an independent agency (Local

Commissioners) and expert bodies, before it can pass

further final directions as well as to consider whether the

Show Cause Notices issued to the various departments of

the State of Himachal Pradesh should be finally

withdrawn or in order to enable it to pass such

appropriate orders as may be necessary. The present

status, compliance report, report of the Commissioners

should inter-alia but primarily be submitted on the

following:

A. Establishment of barriers, including technical

support systems in terms of the directions, regular

checking of pollution of vehicles, whether all vehicles

going to Rohtang are possessed with the requisite

permissions or not and establishment of toilets and

sanitary facilities?

B. Compliance of complete prohibition of use of any kind

of plastic including plastic plates, glasses, carry bags

and other packaging material. Moreso, its absolute

16
compliance at Rohtang Pass.

C. Present status of providing of eco-friendly toilets at

Marhi and to which extent the project has been

carried forward. Providing of eco-friendly toilets at

Rohtang and other eco-sensitive areas covered under

the Judgment.

D. Status of the measures taken and reforestation at

Kothi, Gulaba and Marhi.

E. Status with regard to establishment of Eco-friendly

market at Marhi

F. Removal of encroachments from government land and

forests.

G. CNG/Electric Busses.

H. Collection and disposal of municipal waste and

placement of requisite dustbins at all relevant places.

I. Relief and rehabilitation plan of State in relation to

house owners, taxis, particularly, diesel taxis, partial

rehabilitation and incentive program for the people

involved in tourism activities in these areas.

J. The development of eco-tourism should be strictly in

compliance with the orders of the Tribunal. Any

violation thereto, shall be viewed seriously and

appropriately dealt with in accordance with law.

IV. A team of Scientists from Ministry of Environment and

Forests and Central Pollution Control Board and a

Scientist from Centre for Glaciology - Wadia Institute of

Himalayan Geology and a Scientist from the Ministry of

Earth Sciences (dealing with Glaciers) will visit Rohtang

and its surrounding areas and submit a report to the

Tribunal as to the current impact of vehicular emissions

17
and other emissions upon the glacier, environment and

ecology of Rohtang Pass and its surrounding areas

particularly of CO2, CO, PM 2.5 and soot.

By this order we hereby dispose of M.A. NO. 215 of 2014,

M.A. 389 of 2014, M.A. 1145 of 2015, M.A. No. 1250 of

2015, M.A. 16 of 2016 and M.A. 324 of 2016.

List M.A. 325 of 2016 for further directions.

List this matter for further consideration and direction on

12th May, 2016 at Shimla Bench.

..………………………………….,CP
(Swatanter Kumar)

..…..…….……………………….,JM
(M.S. Nambiar)

...…..…………………………….,EM
(Prof. A.R. Yousuf)

...…..…………………………….,EM
(B.S. Sajwan)

18

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