The Supreme Court on Thursday took serious note of videos showing a huge number of timber logs washed down by floodwaters in Himachal Pradesh, and said it “prima facie” appears to be a case of “illegal felling of the trees…going on up the hills”.
A bench comprising Chief Justice of India B R Gavai and Justice Vinod Chandran made the remarks while issuing a notice on a Public Interest Litigation (PIL) in the wake of the unprecedented floods in the Himalayan states and the consequent ecological damage.
The bench issued notice to the Centre, National Disaster Management Authority (NDMA), Ministry of Environment, Forest and Climate Change (MOEF&CC), Ministry of Jal Shakti, National Highways Authority of India (NHAI) and states of Himachal Pradesh, Uttarakhand and Punjab, besides the Union Territory of Jammu and Kashmir. They have two weeks to reply.
The plea by Panchkula resident Anamika Rana sought “formation of Action Plan(s), SIT enquiry and geological, geo-technical and ecological investigation to prevent future disasters and also to protect the pristine, fragile Ecology of the Himalayan States and also to draw urgent attention of this Hon’ble Court towards the rising occurrences inter alia of landslides and flash floods, particularly in the States of Himachal Pradesh and Uttarakhand and also in other Himalayan States.”
In its order, the bench said, “We have seen unprecedented landslides and floods in Uttarakhand, Himachal Pradesh, and Punjab. From the media reports, it is also noticed that in the flood, huge numbers of wooden logs were flowing around… Prima facie, it appears that there has been illegal felling of the trees, which has been going on uphill.”
Turning to Solicitor General Tushar Mehta, who was present in the court, CJI Gavai said, “Mr Solicitor, please take note of this. It’s a very serious issue. In the media, we have seen that a large number of wooden logs are floating around with the floodwater… in Himachal, Uttarakhand.”
Mehta assured the court, and said, “I will speak to the secretary, Environment, today itself, who should be in touch with the respective chief secretaries.”
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“Otherwise, we will have no forest,” CJI Gavai said, adding that the rain fury might submerge more areas. “We have seen the pictures of Punjab. The entire fields, the entire villages are inundated,” CJI Gavai said, adding, “development has to be there, but we also have to balance it with ecology.”
“We have interfered with nature so much that now nature is responding back,” said Solicitor General Mehta. “Giving back. Ask the secretary, Environment, to speak to all the chief secretaries concerned,” CJI Gavai told Solicitor General Tushar Mehta, who said, “Today itself. I undertake to.”
Appearing for the petitioner, Advocate Akash Vashishtha informed the bench that there are 14 long tunnels between Chandigarh and Manali. “Ultimately, whenever there is a landslide near the tunnels, there is a near-death trap situation inside it. There is no air, and a news report states that on a particular day, 300 people were stranded. There are no rescue or relief operations.”
CJI Gavai said, “Therefore, you have also impleaded NHAI as a party (in the PIL)… We have noticed the seriousness of the situation.”
