The Principal Bench of the National Green Tribunal, comprising Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal (Judicial Member) and Dr Senthil Vel (Expert Member) in the case of Court on its own Motion Vs State of H.P. & Ors. has dismissed the application Him Anchal Taxi Operators Union in Manali for an increase in the number of vehicles permitted to go to Rohtang Pass daily.
The Bench had previously restricted the number of vehicles to 1,000 per day due to the adverse impact on the glacier, climate change, environment, and carrying capacity of the area.
The Tribunal sought status report from the State Authorities and dealt with the matter vide detailed order dated 06.02.2014. The Tribunal noted that Rohtang Pass is at a height of 13,500 feet above the sea level. The satellite spots of major tourist destination at Manali in the northwestern Himalayas are mostly spread in snow environment and include Rohtang Pass, Marhi, Kothi, Salang Nala apart from other spots. Heavy unregulated tourism in the area was resulting in degradation of environment. Extent of tourism was noted to be 11 lakhs visitors annually.
The reasons mentioned in the application for seeking modification are completion of Rohtang/Atal Tunnel and availability of more parking spaces at Gulaba, Marhi and Rohtang pass. It is stated that due to increased tourism activities, the number of vehicles permitted by this Tribunal was inadequate and was required to be increased to 5000 vehicles per day between Manali and Rohtang for tourism.
The bench observed that Data of air quality merely because of restricted number of vehicles situation is better cannot be ground to presume that increased number of vehicles will be sustainable.
Therefore the Tribunal disposed of the application and held that opinion of some expert relied upon can not be treated as conclusive to revisit the orders passed on consideration of entirety of material based on reports of experts.
Case Details
Case:- Original Application No. 237(THC)/2013
Petitioner:- Court on its own Motion
Respondent:- State of H.P. & Ors.
Judge: Justice Adarsh Kumar Goel , Justice Sudhir Agarwal and Dr Senthil Vel
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