Himachal High Court Strikes Down Eco-Sensitive Zone; Criticizes Government's "Miserable Failure" in Procedure

The Himachal Pradesh High Court has quashed a 2022 notification declaring areas around Col Sher Jung National Park, also known as Simbalwara National Park, as eco-sensitive zones (ESZs). The ruling came after villagers challenged the notification, arguing that it adversely affected their livelihoods and imposed restrictions without proper procedure.

In its order dated April 16, the court observed that both the state and central governments had failed to follow the required legal process while issuing the notification. The ESZ notification had originally been issued by the Ministry of Environment, Forest and Climate Change based on recommendations from the Himachal Pradesh government.

Eco-sensitive zones are designated buffer areas around protected forests and national parks, where certain activities are restricted, regulated, or promoted to safeguard biodiversity. The 2022 notification outlined limits on construction, industrial operations, and other developmental activities in areas surrounding the national park.

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However, residents living near the park contended that the restrictions were implemented without adequate consultation and had a direct impact on their daily lives, including agriculture, housing, and livelihood activities. The petitioners argued that the lack of due process made the notification arbitrary and unfair.

Agreeing with the petitioners, the high court ruled that procedural lapses undermined the validity of the notification. The court emphasized that environmental regulations must balance ecological protection with the rights and needs of local communities and must strictly adhere to established legal frameworks.

The ruling is expected to have wider implications for similar ESZ notifications across the country, reinforcing the importance of transparency and public participation in environmental decision-making. Authorities may now be required to revisit the process and issue a revised notification that complies with legal requirements while addressing the concerns of affected communities.

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