photo of taradevi hill, used for indicative purpose only
New Delhi, Aug 2,
In an extraordinary judicial twist, the Supreme Court has turned a dismissed corporate land plea into a full-blown environmental crusade — invoking its suo motu powers to convert the case into a Public Interest Litigation aimed at addressing Himachal Pradesh’s deepening ecological crisis.
The SLP, filed by Pristine Hotels and Resorts Pvt. Ltd., had sought to quash a Himachal Pradesh government notification declaring Shri Tara Mata Hill in Shimla a green area. However, the apex court not only dismissed the plea but also used the occasion to take suo motu cognizance of environmental degradation in the state.
A Division Bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan, in a 17-page order dated July 28, observed that the issues at stake transcended individual grievances and entered the domain of public interest. Citing the massive destruction witnessed during the 2023 and 2025 monsoons, the Bench noted, “It is high time the State of HP pays attention to what we have observed and starts taking necessary action… The Union of India also owes an obligation to ensure the ecological imbalance does not worsen. Of course, much damage has already been caused, but something is better than nothing.”
The court’s transformation of the matter into a PIL marks a significant judicial intervention, suggesting that private litigation may sometimes open a gateway to broader constitutional scrutiny when public interest is involved. “We want to impress upon the State Government and Union of India respectively that earning revenue is not everything. Revenue could not be earned at the cost of environment and ecology,” the Bench stated, underscoring the urgent need for policy realignment.
While rejecting the SLP on legal grounds — as the petitioner held no enforceable land rights — the court said the ecological implications warranted judicial oversight. “If things proceed 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. God forbid, this doesn’t happen,” the judges warned in a strongly worded observation.
The Registry has been directed to treat the matter as a writ petition in public interest. Notices have been issued to the Chief Secretary of Himachal Pradesh and the Principal Secretary of the Union Ministry of Environment, Forest and Climate Change. The matter will now be taken up for further hearing on August 25, 2025.
By acting suo motu on a corporate SLP, the court has set a precedent that could shape future judicial responses in cases where private disputes intersect with environmental or constitutional concerns.
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.
