Uttarakhand HC Emphasizes On Responsible Tourism; Constitutes Committee To Examine Need To Identify Biodiversity Heritage Sites In The State [Read Judgment]

"Tourism should not be seen merely as a development activity or as a revenue earning sector. Tourism means "sustainable tourism". We can afford to ignore this principle only at the cost of our environment. We should keep high mountain terrains in their pristine glory and beauty." The Uttarakhand High Court on Monday directed the State Government to constitute an Expert Committee within four weeks, to examine whether there is a need to identify biodiversity heritage sites in Uttarakhand under Section 37 of the Biodiversity Act. The Committee, the bench comprised of Justices Ramesh Chandra Khulbe and Sudhanshu Dhulia said, shall consist of Secretary Tourism, Secretary Forest and Secretary Environment, who will co-opt at least two experts with them. Background The order has been passed in a PIL filed by Advocate Rakshit Joshi, against grant of permission by the Government authorities to South Africa based Indian businessman, Ajay Gupta, to hold a week long extravagant wedding ceremony of his son at Auli. He was concerned about violations of environmental laws at the hands of the private respondents, and had contended that activities of this nature, at such a large scale, cannot be permitted on a "Bugyal", which is an eco sensitive place. "Bugyal" is the name given in Uttarakhand for Alpine meadows. A "bugyal" is a soft grass cover on land, high up in the mountains, beyond the tree lines, and is an ecosystem in itself. Significantly, the High Court refused to pass any interim order and it did not stay the impugned wedding ceremony while observing that disrupting the events at such a "belated stage" (as the events were scheduled to commence on the same day) may result in the marriage being called off, causing irreparable injury to the families concerned. However, after conclusion of the wedding, it took stock of the pollution that had resulted due to the event and it proceeded to consider (ii) whether Auli is a Bugyal; and (iii) whether such events may be permitted to be conducted in the valley, in the future. Findings On a perusal of several reports and other material and records, the bench answered both the queries in the negative and it observed, "Auli is not an "Alpine meadow" and may not be a "bugyal", but it is still a sub-Alpine meadow. Moreover, being a part of Dhauli Ganga Catchment area, and in the periphery of "Nanda Devi Biosphere Reserve", it is a rich reserve of our biological resources, particularly of Medicinal and Aromatic Plants or MAPs., and for this reason alone it needs to be protected, from excessive tourist inflow, over exploitation of its biodiversity, culture and fragile environment." Responsible Tourism The State Government had argued that permissions for such "mega weddings" shall boost tourism in Uttarakhand. The Court opined that any attempt to attract tourists has to be "balanced". Emphasizing on the need for promoting "responsible tourism" the bench said, "Tourism certainly needs to be encouraged and in a State like Uttarakhand tourism industry can also be an important source of revenue for the State and an area which has huge potential for generating employment. But a balance has to be made.…While developing tourism sector, the environmental aspect and the social and aesthetic needs of the people, where these tourism centres are to be developed, has to be taken into account. For alpine and sub alpine meadows, which are rich in biological diversity such as "Auli", which is in close proximity and periphery of "Nanda Devi Biosphere Reserve", the Government should have been more circumspect before giving its approval for this mega wedding." Auli is eco-sensitive place where heavy tourist congregation cannot be permitted The bench was of the opinion that Auli can "never" be viewed as an exotic tourist destination or a wedding destination for the following reasons: Auli lies in extreme close proximity to one of the most well known and environmentally sensitive Bugyals called "Gaurson Bugyal";Auli falls in the "Dhauli Ganga Catchment Area" which is a rich source of medicinal and aromatic plants and herbs, i.e. MAPs, and is thus a rich biodiversity site of the State and the nation;Auli also lies in the periphery of the famous "Nanda Devi National Park" which was notified as a national park in the year 1982 and was also declared as a world heritage site by the UNESCO;Auli is not an Alpine meadow and may not be a bugyal, but it is still a sub-Alpine meadow. It was held that the directions issued by the Allahabad High Court in Om Prakash Bhatt & Ors. v. State of UP & Ors., AIR 1997 Allahabad 259, for protection of Bugyals when Uttarakhand was a part of the erstwhile State of Uttar Pradesh, shall equally apply to Auli since it is too an "eco-sensitive place". Further, reliance was placed on the judgment of a division bench of the Uttarakhand High Court in...

Uttarakhand HC Emphasizes On Responsible Tourism; Constitutes Committee To Examine Need To Identify Biodiversity Heritage Sites In The State [Read Judgment]

Akshita Saxena

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