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Himachal becomes first state to run electric buses, thanks to High Court and NGT

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The state government had no plans or vision of its own to take such an eco-friendly initiative. Before the lash of court struck it first in 2014, the government did not report efforts to evaluate and measure the negative impacts of increasing tourists influx.

Shimla: Himachal Pradesh became the first state in India to introduce electric buses. The Transport Minister GS Bali gathered all the appreciation for this historical achievement after he flagged off the first electric bus on the 51 kms long Manali-Rohtang Pass stretch on September 21, 2017.

Initially, 25 buses will be delivered with each bus costing Rs 1.70 crore. The buses can carry about 30 passengers and cover a distance of about 200 kms before asking for recharge.

The minister informed that soon 50 more electric buses will ply on defined routes in other parts of the state. The buses will provide services in the towns of Manali, Dharamsala, Mandi etc. during the period when Rohtang Pass remains closed due to snowfall.

The fair would higher than the normal bus services, but the amount has not been decided yet.

However, it is a bitter fact that the state government had no plans or vision of its own to take such an eco-friendly initiative. Before the lash of court struck it first in 2014, the state government did not report efforts to evaluate and measure the negative impacts of increasing tourists influx.

It is important to credit the true authority which made it possible – the state High Court and the National Green Tribunal.

On February 24, 2014, the NGT had passed an order restricting the commercial activities and number of vehicles entering Rohtang pass to cut down increased emissions.

After facing pressure from the local people of the region, who lost their livelihood that was dependent on tourism activities, the government and some geologists had claimed that there are no glaciers in the vicinity to Rohtang Pass.

Over 15 petitions were filed by various unions and individual pleading the NGT to show leniency on the restriction put on commercial activities.

In March 2016, the Chief Minister Virbhadra Singh had called the NGT orders as ‘an overreaction.

The state does not agree to the NGT order entirely, therefore, it may proceed to the Supreme Court, if green bench did not give relief to the affected people,

he had held.

The state government took about two years before it could decide which type of buses to be opted – electric or CNG. In fact, the NGT had rebuked the government in 2016 for its slow pace in execution of the orders.

You have taken 1.5 years, first to say yes to CNG and now you want to divert from CNG. You may make a statement before us stating as to which mode of transport you would prefer in this region,

a bench headed by NGT Chairperson Justice Swatanter Kumar had said on January 16, 2016.

 The NGT had observed in its judgment that

Tourism is also the cause for adverse impacts on ecology and environment of the State. Diverse and devastating impacts are attributable to unregulated and heavy tourism, overcrowding, misuse of natural resources, construction of buildings and infrastructure, littering of waste and other activities associated with tourism.

The carrying capacity of amenities and facilities has virtually crossed the physical and ecological limits of the region. Over-construction increased vehicular traffic and associated air pollution and its impact on snow caps owing to unregulated tourism remain the notable, had observed the NGT in its order.

The tribunal had directed the state government that

BS-IV compliant fuel should be provided. Preferably, CNG or electrical vehicles should be used for tourism purposes, at 30 least at the initial stage. Only these vehicles should be plying on those roads.

The tribunal had also directed the government to be stricter in the monitoring of the vehicles going to the glacier for tourism or commercial purposes by regular pollution and over-loading checks.

The orders had also asked to restrain entry of the vehicles which are more than 10 years’ old.

While the tourists directly impact the ecology of the region, the commercial infrastructure hit it indirectly.

The tourist spots to the north of Manali township have an influx of around 11 lakh visitors annually.

During 2010, nearly 10,000 persons were visiting this tourist spot and nearly 3600 were going to the Rohtang daily in the months of May and June. Out total, 76% of these vehicles were taxis, had observed the Expert Committee constituted by the state High Court in October 2010.

Further, the NGT had observed that snow recorded at Keylong (3064 m.) in Lahaul & Spiti district was 685 cm in 1990, which reduced to 150 cm in 2000.

The tribunal had referred to a study conducted between this period and said the Parbati Glacier in the Kullu Valley is receding at the rate of 52 meters per year.

The tribunal had also referred to another study conducted by the Indian Institute of Technology, Kanpur, in which Black Carbon* was reported as the major causative factor for rapid melting of the glacier in the Himalayan region.
The study had attributed 40% of the glacial retreat to Black Carbon impact.

Thus, had it not been for the High Court and the NGT, the condition would have worsened manifold by now. In fact, there are no serious check on vehicular emission in Himachal, which Himachal Watcher have highlighted several times through videos and images showing visibly polluting buses emitting heavy pollutants.  

*Black Carbon is primarily unburnt fuel that travels from warmer to colder areas through air, settles on glaciers and makes them melt and is believed to be the biggest contributor to global warming after Carbon Dioxide.

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Govt Legitimizing and Legalizing Environmental Violations for Business by Amending EIA Rules: Activists  

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Himachal pradesh EIA Notification 2020 Amendments news

Shimla-While in statements, the politicians in power at the Centre and State Governments have been expressing concerns over environmental issues and ensuring the people that they are committed to protect and preserve the environment, the reality is contrary to it. The most recent evidence is the proposed 2020 draft amendments to the Environment Impact Assessment (EIA) Notification. With these amendments, the process of environmental assessment before granting permission to execute commercial projects, like hydropower projects in Himachal Pradesh, would be reduced to merely a formality.

Environmental activists and people’s organisations from across Himachal have written to the Union Ministry of Environment, Forests and Climate Change (MoEF&CC) to scrap the 2020 draft amendments to the Environment Impact Assessment (EIA) Notification proposed by it.

These activists and environmental protection groups are of the opinion that the EIA Notification, first issued in 1994 under the Environment Protection Act 1986, is a critical mechanism that regulates clearances granted to all kinds of development projects and economic activities in the country. It is one of the environmental decision-making processes that makes it mandatory for project developers to not just study the socio-economic, ecological and other impacts of a proposed project but also place them in front of the affected communities for their opinions and objections, thus, ensuring the process of a free, fair and informed consent. However, this notification has been amended and read down several times in the last two decades, in favour of ‘easing the norms’ for business. The latest draft continues to move in the direction of rendering the EIA process a mere formality. 

The submission made by HP groups states,

“In the context of the already vulnerable and sensitive Himalayan region, flouting of various provisions of even the present EIA notification has heavily impacted the local ecology and livelihoods of the people. The new amendments will only legitimize and legalize these violations and this will mean irreparable damage to the Himalayan ecosystem”. 

The key objections raised are around exemptions of a variety of projects from the mandatory  Public Consultation’ process as well as the dismantling of this process itself.

“The reduction of the time prior to public hearing from 30 to 20 days is also highly objectionable. In the given 30 day period itself, the information about Public hearings does not reach all the affected areas which are often spread out widely in case of mountains with some project-affected communities residing in remote and inaccessible terrains. Here accessing information takes a long time and reducing this time to 20 days will completely exclude such people from raising their grievances and suggestions in the public consultation. This is a clear attempt to block their participation in the environmental decision-making process”

said R.S Negi of Him Lok Jagriti Manch, Kinnaur. 

 

“It is shocking that the amendments include allowing post-facto clearance, which means that the project proponent can start work and before they have obtained environmental clearance. If the basic precautionary principle on which the EIA notifications is grounded is itself not followed it can lead to a disastrous situation for the ecology and local people. In this situation who is going to be responsible for the losses? If the project proponent is not in a position to pay for losses, will the MoEF&CC take the responsibility of losses? This provision will encourage project developers to bypass the process of environmental decision making. We absolutely oppose this amendment”,

said Prakash Bhandari of Himdhara Collective.  

The 2020 draft also dilutes the guidelines for monitoring and compliance of Environment conditions.

“Already the system of monitoring is weak, the conditions lose, the pollution control board and companies non-accountable, thus, leading to widespread destruction of local ecology and impacting health, lives, and livelihoods of project-affected communities. In the case of hydropower projects, for instance, the illegal and unmonitored dumping of muck along river beds, in forests and on common lands, has damaged pastures, disrupted the flow of the rivers, and caused massive disasters when floods occur. The proposed changes will give a free reign to those profiting from extractive and polluting projects,” 

according to Kulbhushan Upmanyu of Himalaya Bachao Samiti. 

It is ironic that on one hand, the global COVID crisis has thrown up several studies showing that pandemics like COVID emerge from ecological degradation and forest loss, and on the government is pushing for policy changes which will accentuate the environmental crisis that the country is already reeling under.  

“If the MoEF&CC wants to change the environmental laws, it should carry out countrywide regional consultations”,

added Uma Mahajan of Himachal Van Adhikar Manch.

The country, especially ecologically diverse yet climate-vulnerable regions like the Himalayas need a robust and strong environmental regulatory and governance regime that makes project proponents accountable and keeps the affected communities and ecological concerns at the centre of the EIA and environmental decision-making process. 

Notably, MoEF&CC had called for citizen’s comments before May 11 but this deadline was extended upto  June 30 and now August 11 as environmentalists and concerned groups expressed outrage that calling for public inputs on this critical law amidst the COVID led lockdown was unjustified. The MoEF&CC has in this period received thousands of objections highlighting the new draft as anti-people and environment.

The demand is to scrap these proposed amendments for the sake of the environment. 

Submission Made to Ministry of Environment, Forest and Climate Change by Activists and Organizations

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SC’s Forest Diversion Regulation a Blockade on Forest Rights Act Implementation in Himachal: Himdhara

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Supreme Court On Forest Diversion in Himachal Pradesh 2

ShimlaHimdhara Collective, a Himachal-based environment research and action group, has released a report on the implications of the regulation imposed by the Supreme Court on forest diversion under the Forest Rights Act 2006 in Himachal, through a series of orders passed last year. This brought to a screeching halt the implementation of Section 3(2) of the FRA which grants powers to gram sabhas and Divisional Forest Officers to divert upto 1 hectare of forest land for 13 types of village welfare activities like roads, schools, community centres, PDS shops etc. 

The court orders were based on the conclusions drawn by a Supreme Court Monitoring Committee, headed by a retired PCCF, V.P Mohan, that the diversions were leading to green felling and deforestation in the state. Initially, a stay was imposed on all green felling in the state (in a matter of forest diversions under FCA 1980 and FRA 2006) on 11th March 2019. This stay was partially relaxed but the Supreme court sought all FRA proposals to be brought before it for further diversion.

The report titled ‘Missing the forest for Trees’, assesses the ground reality behind the conclusions drawn by the Supreme Court Monitoring Committee based on which these diversions have been restricted.

“We have found that the Supreme court’s orders need to be reviewed because the alarm raised by the V.P Mohan committee with regard to FRA was a false one”,

stated authors of the report which is based on analysis of RTI information as well as field research.

RTI data sought from the Forest department for all cases under section 3(2) of the Forest Rights Act 2006 from 2014 to 2019 (up to January 2019), was analysed to reveal that 17237 trees were felled in an area of 887.56 hectares for 1959 activities in 41 of the 45 forest divisions of the state.

Roads, followed by schools and community centres dominate the type of activities carried out. Of the total land diverted 91% is for roads. It was found that almost 64% of these diversions showed ‘nil’ trees felled. The average number of trees felled per hectare is very low (19.52) and it may be induced that most activities have been carried out in areas with open forest or no trees.

Rohru (Shimla), Nachan(Mandi), Kinnaur and Chopal were some of the divisions which had a large number of diversions, again mostly for roads.

Case studies we carried out in Mandi and Kangra district showed the desperate need for amenities like village link roads and schools. In Himachal, there remain about 41% villages that have no road connectivity which affects access to health, education and market centres.

On the other hand, large development activities like four lane highways, hydropower projects and transmission lines, have had a much larger ecological footprint in terms of tree loss in the state compared to the very minute, incomparable diversions under FRA.

The report also finds that as far as green cover is concerned in the period corresponding to the high number of forest diversions under FRA (2015-2019), the forest survey of India’s statistics show a 333 sq.km increase in the forest cover.

Why development rights under FRA important for Himachal?

1.No Land available with revenue departments and panchayats for ‘welfare activities’ thus forest land only option

The report concludes that given the fact that 2/3rd of the geographical area of the state is recorded ‘forest area’ where strict forest laws have restricted non-forest use, the FRA provides relief for communities to access basic welfare facilities, which should be seen as their fundamental right and therefore should not be hindered.

2.Cumbersome, costly and lengthy process under FCA 1980

Before FRA it was the Forest Conservation Act, 1980 which governed forest diversion even for small local development activities. This required not only permission from the Central Government (MoEFCC Regional or Delhi Office) but also warranted that user agencies deposit funds (Net Present Value of trees) to carry out Compensatory Afforestation. The whole diversion process under FCA was cumbersome, lengthy and costly, and thus a major hurdle in providing the rural areas, especially remote areas, access to basic welfare development facilities.

 “The section 3(2) of the FRA provides relief for both governmental departments and local communities as it overrides the FCA and puts in place a simple and decentralized process for diversion”states the report.

3.FRA is meant to correct the problems that were posed by strict central forest laws

The Forest Rights Act was passed by the parliament of India in 2006 recognising that across the country there are lakhs of communities dependent on land which is legally categorised as ‘forest land’ and are unable to exercise their basic livelihood and development rights due to extremely strict forest laws. Under this act’s Section 3(1), forest-dependent communities can file claims for their individual and community rights exercised before the cut-off date of 13th December 2005.

“As it is Himachal has been sluggish with FRA implementation and only 136 titles have been issued under section 3(1). But atleast the government was proactive with the implementation of section 3(2). With the Supreme court orders regulating this provision, there seems to be an impression amongst the implementing agencies and officials that there is an over-all blockade on FRA in the state”

added members of the collective.

The report has recommended that the state government and nodal agency for the Act – the Central Ministry of Tribal Affairs, put forth the case in favour of section 3(2) of the FRA strongly in front of the Supreme Court and also move swiftly to ensure implementation of all provisions of this law in Himachal.  

 

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HP Govt Exempts Use of Plastic Straws Attached with Beverages for 6 Months

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Plastic straws in himachla pradesh

Shimla: The use of integrated plastic straws attached with tetra pack of beverages are exempted temporarily for a period of six months in Himachal Pradesh, informed a spokesperson of the state government on January 31, 2020.

He informed that the exemption would be a subject to the implementation of Action Plan submitted by M/s Tetra Pack India Pvt. Ltd., AARC under Extended Producer Responsibility.

During the relaxation period, the manufacturers and producers are to come out with an alternative to plastic straw, which is bio-degradable, he informed. A notification in this regard has been issued recently.

He said that other provisions of the notification issued by Department of Environment, Science and Technology of HP on September 20, 2019, which imposes complete ban on plastic cutlery such as spoons, bowls, katories, stirring sticks, forks, knives, straws made of plastic, would remain banned.

He said that this notification will come into force with immediate effect.

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