Institute of Legal and Management Studies

Raising concerns about the ecological imbalance in the State of Himachal Pradesh, the Supreme Court warned that if unregulated development continues, "the entire State may vanish in thin air from the map of the country.”

The Supreme Court, while noting that proper monitoring is required to check the diversion of green tax funds for unrelated purposes, observed that generating revenue at the expense of environmental degradation in ecologically sensitive areas should not be the primary objective of governments.

The Court further issued notice to the State Government, directing it to submit details within 4 weeks of the steps taken to address the deteriorating ecological and environmental conditions prevailing in the region.

“We want to impress upon the State Government and Union of India respectively that earning revenue is not everything. Revenue cannot be earned at the cost of environment and ecology. If things proceeds, the way they are as on date, then the day is not far when the entire State of HP may vanish in thin air from the map of the Country.”, the court observed.

“All that we want to convey today is that it is high time that the State of HP pays attention to what we have observed and starts taking necessary action at the earliest in the right direction. The Union of India also owes an obligation to see that the ecological imbalance in the State does not get further disturbed and natural calamities do not occur. Of course much damage has been caused but there is a saying that “something is better than nothing.”, the court added.

The bench comprising Justices JB Pardiwala and R Mahadevan made these observations while deciding an appeal filed by M/s Pristine Hotels and Resorts Pvt. Ltd against the High Court's decision upholding the State Government's notification denying a right to construct the Hotel at Shri Tara Mata Hill, being declared as “Green Area,” thereby prohibiting all private construction on the site.

Although the Court upheld the High Court's decision, and lauded the State for bringing such a notification for maintaining ecological balance in the State, it noted that such notifications should have been brought to effect much before, as a lot of damage had already been done to the ecology in the State.

The Court drew attention to the recent cloudburst incidents in Kullu and Manali, attributing the resulting tragedies to the illegal felling of trees and unregulated infrastructural development. It observed that such unchecked activities had weakened the soil structure, leading to accelerated erosion and increased vulnerability to natural disasters.

“All development-related projects often result in tree felling and habitat fragmentation. Loss of forest cover not only reduces biodiversity but also weakens the soil, increasing the risk of landslides and erosion. Forests in Himachal also play a vital role in regulating local climate, sequestering carbon, and maintaining the water cycle, making their protection essential for the region's ecological balance. This situation has been exacerbated by the removal of forest guard check posts earlier set up at various places within the State. Removal of such posts, even at the inter-district level, has compounded the problem of illegal felling of trees, which appears to be rampant, as evident in the recent cloud bursts in District Kullu & Manali, and now there is no mechanism of control and checks on the exploitation of this precious resource.”, the court said.

Other Key Observations of the Court:

“The pace of infrastructure development in Himachal Pradesh has intensified in recent years, driven by the twin goals of connectivity and tourism. Projects like four-lane highways, ropeways, tunnels, and urban expansions often bypass environmental safeguards. In many cases, hill slopes are cut steeply, unscientifically, without adequate stabilization measures, and natural watercourses are obstructed or diverted. This not only alters the local hydrology but also makes the terrain more vulnerable to landslides and flash floods. The 2023 and 2025 monsoon season, for example, saw widespread devastation in the Kullu, Mandi, Shimla and Chamba districts, partly attributed to such unscientific construction. Despite having been an environmentally rich state, its own people are today responsible for such blind pursuit of development, to their own detriment. It is a classic example of not knowing your own surroundings. Tourism, especially religious and nature tourism, is a major source of income in Himachal Pradesh. However, the uncontrolled growth of tourism has strained the State's environment. During peak seasons, the influx of tourists results in traffic congestion, waste generation, noise pollution, overuse of water resources, and encroachment into ecologically sensitive areas. Hill towns often struggle with waste disposal and water shortages during tourist seasons. Every step of the waste management process presents difficulties for the State. Seldom is source segregation implemented, resulting in mixed trash that is more difficult to handle. Informal dumping is prevalent in smaller towns and rural tourist destinations, where collection mechanisms are erratic. The ultimate disposal of garbage frequently entails open burning or improper landfilling, which increases pollution and poses health hazards. Because it is expensive and logistically challenging to bring garbage downstream for treatment or disposal, high-altitude tourism zones confront particular difficulties. Sustainable solid waste management, with an emphasis on localised segregation, community awareness, and decentralised processing, is crucial to safeguarding the delicate Himalayan ecosystem since tourism is only predicted to increase. Not only at the implementation stage, but also the rules that can be enforced, lag behind. The legislation governing municipalities which of course are responsible for waste collection and management, are not up to date and in sync with the Waste Management Rules 2016. That being said it is also worth studious examination as to whether in the last nine years the Waste Management Rules has sufficiently addressed the issues arising there. Many hotels and homestays are constructed on unstable slopes or in landslide-prone areas, in an attempt to cater to this increasing tourism, and also, to generate employment, without proper zoning or environmental clearance. If left unchecked, the pressure from tourism could severely undermine the ecological and social fabric of the State.”

Apart from the direction to convert the Civil Appeal to the Public Interest Litigation (“PIL”), the Court also directed the State to submit the appropriate report detailing the steps taken on the concerns expressed by the Court by the next date of hearing, i.e., Aug. 25, 2025.

Cause Title: M/S PRISTINE HOTELS AND RESORTS PVT. LTD. VERSUS STATE OF HIMACHAL PRADESH & ANR.

Citation : 2025 LiveLaw (SC) 759

Click here to read/download the order

Appearance:

For Petitioner(s) :Mr. PS Patwalia, Sr. Adv. Mr. Kushagra Goyal, Adv. Mr. Alok Tripathi, AOR

For Respondent(s) : Mr. Navin Pahwa, Sr. Adv. Mr. Anup Rattan, Advocate General Mr Vaibhav Srivastava, AAG Mr. Puneet Rajia, Adv.