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Accusing Modi Govt. of diluting Forest Rights Act, Congress itself doing exactly same in Himachal

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Kinnaur Tribal forest rights

Petition comes at a point when Congress Vice-President Rahul Gandhi is gearing up to travel across several states focussing on the poor implementation of the Forest Rights Act by the BJP and other parties.

SHIMLA-While the Congress is accusing Modi- led NDA government of diluting and poor implementation of Forest Rights Act 2006, and even Vice-President Rahul Gandhi is gearing up to visit tribal areas calling himself protector of tribal people, Congress ruled Himachal is trying exactly opposite.

Congress Government in Himachal Pradesh has filed petition in apex court challenging rights of traditional dwellers on forests around their habitat  provided under the Forest Rights Act. The petition, filed by state-run Himachal Pradesh Power Corporation Limited (HPPC), slammed National Green Tribunal’s decision to seek consent from the affected tribes for forest clearance for construction of 130 megawatt (MW) Kashang hydropower project. The government stated in the petition that tribal people are unskilled and should not be allowed to interfere in matters of forest clearance for hydro project.

The move could tarnish Congress leadership’s  attempts to boost its pro-tribal credentials in and outside the Parliament.

A petition by Himachal government’s power corporation was heard on Monday in the apex court, challenging a National Green Tribunal (NGT) judgment, which requires the state government and the power corporation to seek consent of 19 tribal gram sabhas (village councils) before going ahead with the 130-Mw integrated Kashang hydropower project on their forestlands.

For the state government, the state power corporation, with the chief secretary as chairman, have contended, besides other things, that the gram sabha consists of only unskilled persons and local residents and the state government cannot comply with the directions of the NGT. The power corporation has asked that the NGT judgment be set aside, as it is not practicable or enforceable and that the judgment was outside the domain and jurisdiction of the tribunal.

It has cited the 2000 SC order in the Narmada case, that pre-dates the existence of the Forest Rights Act to plead gram sabha consent is not essential. It has questioned the ability of the tribals to take a decision on the impact of the projects on their lands, stating that the question of silt load in rivers being dammed involve technical issues which requires scientists and experts. It has said these issues are being looked after by the funder of the project, the Asian Development Bank.

The need for a consent from impacted tribals’ and other forest dwellers’ village councils under the Forest Rights Act to use the traditional forest land for building any project was last reinforced in the SC order in the Vedanta Niyamgiri mining case.

The petition by congress-led Himachal comes at a point when Congress Vice-President Rahul Gandhi is slated to travel across several states focussing on the poor implementation of the Forest Rights Act by the BJP and other parties. Only recently the central Congress leaders made much out of it forcing the NDA government to address their concerns on keeping tribal consent powers at the heart of the Compensatory Afforestation Act.

The Congress has also held press conference to condemn the BJP state government in Chhattisgarh for doing away with the rights of tribals to favour Adani group’s mining of a coal block in the state. It has repeatedly accused the central NDA government of often trying to dilute tribal rights provided under the Forest Rights Act.

Congress leadership, particularly Vice-President Rahul Gandhi, has tried to claim the pro-tribal leadership ever since the UPA government cancelled Vedanta’s proposal to mine the Niyamgiri hills in Odisha for bauxite against the wish of the Dongria Kondh tribals and the apex court gave a stamp of approval to the same.

But, the Himachal state government’s move could potentially take the wind out of Congress leadership’s future attacks against the government on this count.

The case began when the the Lippa village in Kinnaur district filed a case against the Kashang Hydro Electric Project before the NGT. Besides other arguments, the village contended that the project was given a forest clearance despite the fact that the project developers – the state power corporation – had not sought the mandatory consent from the village council. It raised other issues of potential environmental damage from the project for their lands not being considered while giving the clearance.

In May 2016, the NGT gave its order against the Himachal Pradesh government and its power corporation. it said that they “shall ensure that the entire proposal pertaining to Forest Clearance in respect of Stages II and III of 130 MW Kashang Integrated Hydro Electric Project is placed before the Gram Sabha of 19 villages Lippa, Rarang, Pangi and Telangi in Kinnaur District of Himachal Pradesh as prescribed.” The tribunal asked that the proceedings of the gram sabha be submitted to it in the form of a report by the state government.

The next hearing in the case is scheduled for September 9 that runs contrary to the decision in the Vedanta matter and the Congress leadership’s pro-tribal plank at the Centre.

Earlier,  the green tribunal in its order also expressed concern at the large number of hydel-power projects coming up in Himachal Pradesh, and hoped that the state government would reconsider its decision for projects where work has not commenced or just commenced.

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Shimla: Retaining Wall Collapses During Four-Lane Construction, Residents Flee Homes to Save Lives

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Landslide in Dhali Shimla

SHIMLA | 3 July 2025 –A major mishap occurred in the Lindi Dhar village of Shimla district during the ongoing four-lane highway construction, raising fresh concerns over safety and construction quality. A retaining wall, constructed as part of the project, collapsed once again—posing a serious threat to nearby homes and destroying hundreds of apple trees.

According to local residents, this is not the first time the wall has caved in. Despite previous incidents, authorities failed to take adequate corrective measures. The latest collapse forced several families to abandon their homes for safety, fearing further landslides and structural damage.

Villagers have accused the National Highways Authority of India (NHAI) and its contractors of negligence. They allege that no proper safety precautions were taken in the construction process, even though the area is known to be vulnerable to landslides.

“This wall had collapsed earlier too, but no permanent solution was provided. Now, we are facing the same threat again. Our lives and properties are at constant risk,” said a local resident.

The landslide also damaged a large number of apple orchards—adding to the losses of local farmers who depend on horticulture for their livelihood.

Residents have demanded immediate intervention from the administration and strict action against those responsible for the substandard construction. They have also urged NHAI to put in place robust safety measures to prevent such incidents in the future.

Local officials have visited the site, and further assessment is awaited.

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Police Complaint Alleges Criminal Negligence in Four-Lane Highway Project Between Parwanoo and Solan

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shimla chandigrah fourlane

Solan | 30 June 2025 – A police complaint has been filed at the Parwanoo Police Station in Solan district, alleging criminal negligence and environmental damage in the construction of the four-lane highway between Parwanoo and Solan. The complaint, submitted by former Deputy Mayor of Shimla Tikender Singh Panwar, accuses the National Highways Authority of India (NHAI) and its executing contractor, G R Infraprojects Limited, of serious lapses that have endangered lives, property, and the natural ecosystem.

According to the complaint, NHAI officials based at the Chakkar office in Shimla, along with planning teams at Rishikesh Sadan, Shanti Kutia, and the executing agency G R Infra, with its corporate office in Sector 18, Gurugram, failed in their duty to ensure minimal damage to the hilly terrain. It is alleged that the project was undertaken without proper consultation with the Geological Department, resulting in a project report that is “completely erroneous.”

Panwar contends that the design and method of slope cutting are fundamentally flawed, driven by ill-conceived ideas and profit motives.

“Instead of cutting the hills at a slope, the excavation has been done vertically,” the complaint states, warning that this approach poses a permanent threat to residents living near the construction site.

The complaint further highlights that since the beginning of the construction, there have been recurring losses of life and property, which the complainant attributes directly to unsafe and irresponsible construction practices.

Significantly, the complaint raises concerns about possible collusion between NHAI and GR Infra, and urges law enforcement to determine whether the negligence was circumstantial or the result of deliberate wrongdoing.

Panwar has demanded that both NHAI and G R Infraprojects Limited be held criminally liable and subjected to legal proceedings under relevant provisions.

As of now, neither NHAI nor G R Infra has issued an official response. 

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Himachal Bans Small PET Bottle, Rs 5,000 Fine on Littering of Single-Use Plastics, Compostable Bags

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PET Bottles Ban in Himachal Pradesh

Shimla, May 27, 2025 – Small PET bottles (up to 500 ml) are littering Himachal Pradesh’s hills, forests, and water bodies, threatening its fragile ecosystem.

Ban on Small PET Bottles

Under the HP Non-Biodegradable Garbage (Control) Act, 1995, the state has banned these bottles in all government-organized indoor meetings, conferences, and events, effective June 1, 2025.

Impact on Hotels

The ban extends to HPTDC and private hotels, which must switch to glass bottles or steel water dispensers. A grace period allows clearing existing stocks to avoid financial losses.

Fines for Littering

A Rs 5,000 fine targets littering of single-use plastics, including compostable bags, by individuals, hotels, restaurants, and other institutions.

Mandatory Car Bins

From April 29, 2025, all taxis and public transport vehicles, including HRTC buses, must install ‘car bins’ for waste collection.

Enforcement Measures

Regional Transport Officers and Motor Vehicle Inspectors will verify bins during vehicle registration. Non-compliance incurs a Rs 10,000 fine, with Rs 1,500 for littering biodegradable waste.

Awareness Campaigns

Government bodies will conduct awareness campaigns to discourage small PET bottle use and promote sustainable practices.

Challenges

Himachal’s ban on small PET bottles and vehicle littering targets plastic pollution but faces challenges. Past bans faltered due to weak enforcement, especially in rural and tourist areas.

Small businesses may struggle with costly alternatives like glass or steel containers. Tourists, a major litter source, need better awareness. The car bin mandate requires rigorous monitoring to ensure compliance. Without robust recycling systems and public cooperation, the ban risks limited impact. Subsidizing eco-friendly options and strengthening enforcement are critical to protect Himachal’s ecosystem effectively.

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