Himachal HC Quashes Eco-Sensitive Zone Around Simbalbara National Park, Bringing Relief to Sirmaur Panchayats

In a significant decision, the Himachal Pradesh High Court has quashed the notification declaring areas around the Simbalbara National Park as an Eco-Sensitive Zone (ESZ), bringing relief to several gram panchayats in the Sirmaur district. The court's judgment, passed by a Division Bench comprising Justice Vivek Singh Thakur and Justice Ranjan Sharma, has upheld the rights of the local communities and raised important questions about the procedure followed by the state government in declaring ESZs.

The Simbalbara National Park, also known as the Col Sher Jung National Park, is located in the Paonta Sahib subdivision of the Sirmour district and is part of a larger landscape connected with the Rajaji National Park in Uttarakhand and the Kalesar National Park in Haryana. The park is home to a diverse range of flora and fauna, including several endangered species, and plays a crucial role in maintaining the ecological balance of the region.

The notification declaring the ESZ around the Simbalbara National Park was issued by the Himachal Pradesh Forest and Wildlife Department on January 13, 2022, and covered areas of at least three gram panchayats, including Bhatanwali, Patalia, and Behral. However, the local communities and gram panchayats challenged the notification in the High Court, arguing that the procedure followed by the state government was flawed and that there was a lack of stakeholder consultation.

The court, in its judgment, observed that the procedure for declaring an ESZ is mandatory in nature and that the state government had failed to follow the prescribed guidelines. The court held that the declaration of an ESZ has a significant impact on the residents of the area and that it is essential to follow the prescribed procedure to avoid any inconvenience or hardship to the local communities.

The judgment is a significant victory for the local communities and gram panchayats, who had been opposing the declaration of the ESZ around the Simbalbara National Park. The decision is also likely to have implications for the conservation efforts in the region, as it highlights the need for greater stakeholder consultation and community involvement in the decision-making process.

Senior Advocate Deepak Kaushal and Advocate Abhishek Verma, who represented the petitioners in the High Court, welcomed the judgment and stated that it would have a positive impact on the local communities. The advocates argued that the declaration of an ESZ without proper consultation and procedural safeguards would have caused significant hardship to the local residents and would have undermined the conservation efforts in the region.

The Himachal Pradesh government has been directed to revisit the decision to declare the ESZ around the Simbalbara National Park and to follow the prescribed guidelines and procedures. The court's judgment has also raised important questions about the role of the state government in balancing conservation efforts with the rights and interests of local communities.