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Himachal High Court quashes ESZ notification, Major relief for 19 Villages near Sherjung National Park
Shimla, April 18,
In a ruling with far-reaching implications for environmental governance and rural livelihoods, the Himachal Pradesh High Court has set aside the 2022 notification declaring an Eco-Sensitive Zone (ESZ) around Col. Sherjung National Park, holding that the process adopted by authorities was legally flawed and violated mandatory procedural safeguards.
The judgment comes as a significant relief to residents of 19 villages who had been brought under the ESZ framework, resulting in restrictions on land use, construction, and economic activity. The petition was filed by Gram Panchayats Bhatanwali, Patalia, and Behral, which argued that their inclusion in the ESZ was carried out without consultation, survey, or adherence to the prescribed guidelines.
The division bench of Justice Vivek Singh Thakur and Justice Ranjan Sharma observed that the declaration of an Eco-Sensitive Zone has direct and substantial consequences on the lives and livelihoods of local populations, and therefore cannot be undertaken casually or without strict compliance with procedure.
Examining the record, the court found that the entire process suffered from serious procedural lapses. The initial exercise for notifying the ESZ had begun in 2012, followed by a draft notification in 2015, but the proposal lapsed after the State failed to provide necessary inputs within the stipulated time. However, instead of restarting the process in accordance with law, a fresh proposal was pushed forward in 2020 and finalized in 2022 without conducting a fresh survey or preparing an inventory of land use, industries, and ecological factors, as required under the guidelines.
The court further noted that no expert committee—comprising a wildlife warden, ecologist, and representatives of local self-government and revenue departments—was constituted after the earlier proposal lapsed. Equally significant was the absence of stakeholder consultation, with no meaningful participation of gram panchayats or affected residents in the revised process.
A striking inconsistency highlighted by the bench was the expansion of the ESZ coverage from just four villages in earlier drafts to 19 villages in the final notification, without any recorded justification or supporting study. This, the court held, underscored the arbitrary nature of the decision-making process.
Relying on settled legal principles and precedents, including the Supreme Court’s ruling in T.N. Godavarman Thirumulpad vs Union of India, the High Court reiterated that where a statute or guideline prescribes a specific procedure, it must be followed in letter and spirit. Any deviation renders the action legally unsustainable.
The bench concluded that there had been a “complete disregard” of the mandatory procedure governing ESZ notifications and that such lapses could not be overlooked, particularly when they affect the rights and interests of local communities.
Accordingly, the court quashed the notification dated January 13, 2022, effectively removing the ESZ status imposed on the affected villages.
The ruling is expected to have broader implications for environmental regulation in Himachal Pradesh, sending a clear message that conservation measures must be balanced with due process and public participation, and cannot be enforced through administrative shortcuts.
About the Author
The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.
