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Himachal HC Quashes 2022 Eco-Sensitive Zone Notification for National Park

The Himachal Pradesh High Court has quashed a 2022 central government notification that declared an Eco-Sensitive Zone around Col. Sherjung National Park. The court ruled that mandatory procedures, including surveys, stakeholder consultations, and committee formations, were not followed. It highlighted inconsistencies in including villages across different draft notifications without explanation. The decision provides relief to several affected gram panchayats that had challenged the notification.

Key Points: Himachal HC Quashes Eco-Sensitive Zone Notification

  • Notification quashed for procedural failures
  • No stakeholder consultations conducted
  • Villages included without due process
  • Court cites Supreme Court precedent
2 min read

Himachal High Court quashes eco-sensitive zone notification around col. Sherjung National Park

Himachal Pradesh High Court sets aside 2022 ESZ notification for Col. Sherjung National Park, citing procedural lapses and lack of public consultation.

"In the present case, respondents have miserably failed to follow the prescribed procedure. - High Court Bench"

Shimla, April 18

The Himachal Pradesh High Court has quashed the Centre's 2022 notification declaring an Eco-Sensitive Zone around Col. Sherjung National Park, citing failure to follow mandatory procedures and guidelines.

A Division Bench comprising Justice Vivek Singh Thakur and Justice Ranjan Sharma passed the order on April 16, 2026, while allowing a petition filed by Gram Panchayats Bhatanwali, Patalia, and Behral.

The petitioners had challenged the notification dated January 13, 2022, issued by the Ministry of Environment, Forest and Climate Change, arguing that several villages were included in the ESZ without adherence to due process and without valid recommendations from competent authorities.

The court observed that the prescribed procedure under the 2011 guidelines for declaring Eco-Sensitive Zones--such as conducting surveys, preparing an inventory of land use, and constituting a committee involving local authorities, ecologists, and revenue officials--was not followed.

It noted that while an earlier process initiated in 2012 and a draft notification issued in 2015 had lapsed, a fresh proposal submitted later did not comply with mandatory procedural requirements. The court further pointed out that no stakeholder consultations or involvement of public representatives took place after the lapse of the earlier draft.

The bench also highlighted inconsistencies in the inclusion and exclusion of villages across different draft notifications, stating that there was no record explaining these changes.

Referring to legal precedents, including the Supreme Court's ruling in the T.N. Godavarman Thirumulpad vs. Union of India case, the court reiterated that statutory procedures must be strictly followed, especially in matters affecting local populations.

Emphasizing the potential impact of ESZ declarations on residents, the court held that adherence to due process is mandatory to prevent hardship and ensure transparency.

"In the present case, respondents have miserably failed to follow the prescribed procedure," the court observed.

Accordingly, the High Court set aside the January 13, 2022, notification, providing relief to the affected gram panchayats and residents.

All pending applications in the matter were also disposed of.

- ANI

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Reader Comments

P
Priyanka N
While I'm happy for the residents, I hope this doesn't become an excuse to ignore environmental protection. The park needs a buffer zone. The government should now go back, do proper surveys WITH the villagers, and create a sensible ESZ that balances ecology and livelihoods. Jai Himachal!
S
Suresh O
Typical bureaucratic mess. Started in 2012, lapsed in 2015, then a rushed notification in 2022 without following any rules. No stakeholder meetings, no explanation for changing village lists. Where is the accountability? This is how trust in the system erodes.
A
Ananya R
As someone from a hill state, I know how these notifications can freeze life. No new houses, no repairs to old ones, no small shops. It's a silent emergency. The court has given a voice to the people. Democracy should work from the ground up, not top-down orders from Delhi.
M
Michael C
Respectfully, the court's emphasis on procedure is correct, but the article leaves me concerned. The "miserably failed" quote is strong. Inconsistent inclusion of villages suggests arbitrariness. For a country facing climate challenges, such haphazard planning from the environment ministry is disappointing.
K
Kavya N
Victory for grassroots democracy! Three small Gram Panchayats took on the central government and won. This shows the strength of our judicial system. Now the ball is back in the government's court to do it the right way – with transparency and people's participation. 🙏

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