HC Quashes Eco-Sensitive Zone Notification Around Simbalwara, Slams Procedural Lapses
Shimla, April 18: In a significant ruling, the Himachal Pradesh High Court has quashed the 2022 notification declaring an Eco-Sensitive Zone (ESZ) around Simbalwara Wildlife Sanctuary, holding that authorities “miserably failed” to follow mandatory procedures, thereby impacting the rights of local residents.
A Division Bench comprising Justice Vivek Singh Thakur and Justice Ranjan Sharma set aside the January 13, 2022 notification, observing that the process adopted by the Centre and the State government was in complete disregard of prescribed environmental guidelines.
The case was filed by Gram Panchayats Bhatanwali, Patalia and Behral, which challenged the inclusion of their villages in the ESZ without due consultation and procedural compliance.
Quoting the order, the court noted that “the procedure provided in the Guidelines for declaring Eco-Sensitive Zone is mandatory in nature so as to avoid any inconvenience and hardship to interests of the residents.”
The Bench pointed out glaring inconsistencies in the process, highlighting that earlier proposals lapsed and fresh notifications were issued without restarting the process as required under law.
It also observed that no proper survey or inventory of land use, industries, and activities—mandated under the 2011 guidelines—was carried out before expanding the ESZ to 19 villages.
In a sharp observation, the court said, “respondents have miserably failed to follow the prescribed procedure,” underlining that no committee involving ecologists, local authorities, or revenue officials was constituted after the earlier proposal lapsed.
The judgment also relied on the Supreme Court’s ruling in T.N. Godavarman Thirumulpad vs Union of India, reiterating that ESZ notifications require “close scrutiny at various levels” and cannot be issued casually.
With this, the High Court concluded that the impugned notification was legally unsustainable and ordered it to be quashed.
The ruling is expected to have far-reaching implications for eco-sensitive zone declarations across Himachal Pradesh, especially where local participation and scientific assessment have been overlooked.
