HP High Court quashes Centre's Eco-Sensitive Zone notification

The Himachal Pradesh High Court has set aside the Centre's 2022 notification for an Eco-Sensitive Zone around Col. Sherjung National Park, ruling that mandatory procedures, including surveys and public consultations, were not followed.

The Himachal Pradesh High Court has quashed the Centre's 2022 notification declaring an Eco-Sensitive Zone (ESZ) 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.

Court Cites Procedural Lapses

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.

Due Process Held Mandatory

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.

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