Eco-sensitive zone around Himachal Pradesh national park quashed: What the high court said and why it matters

Col Sher Jung National Park and its history

Col Sher Jung National Park is located in Himachal Pradesh’s Sirmour district, next to the Kala Amb-Paonta Sahib-Dehradun National Highway-7. It is spread over an area of 27.88 sq km. Initially a protected forest and later a wildlife sanctuary, it was notified as a national park on June 7, 2013. The park holds ecological significance due to its strategic location at the confluence of three major biogeographic zones—the Himalayan region, the Gangetic plains, and semi-arid areas.

As per a 10-year management plan for this national park, its unique positioning results in a rich mix of flora and fauna, reflecting characteristics of the Western Himalayas, the Punjab plains, and the Upper Gangetic plains.

Geographically, the park is defined by the Shivalik Hill ranges, forming a bowl-shaped valley intersected by seasonal streams locally known as “khala” or “rau”. The main stream system is the Nimbuwala khala and its tributaries. Vegetation in the park is dominated by species such as sal, sain, mahua, jamun, amla, and amaltas. The park supports diverse wildlife, including leopard, sambar, barking deer, nilgai, wild boar, jackal, and langur. It also hosts rich birdlife typical of the Shivalik and Himalayan regions, along with around 70 species of butterflies.

Historically, the area was part of elephant migratory routes, though such movement has now reduced due to habitat fragmentation caused by infrastructure projects such as the Yamuna barrage.

What the 2002 notification said

In January 2022, the MoEFCC issued a notification declaring an area around Col Sher Jung National Park as an ESZ. The ESZ covered an area of 31.24 sq km, encompassing 19 villages across three Gram Panchayats, Bhatanwali, Patalia, and Behral. The objective was to create a buffer zone to protect the park’s fragile ecosystem by regulating human activities.

The notification imposed a ban on several environmentally harmful activities, including commercial mining, stone quarrying, and crushing units; establishment of polluting industries (red category); hydroelectric projects; brick kilns and saw mills; use or handling of hazardous substances; discharge of untreated waste into natural water bodies, etc. However, limited extraction of resources for local domestic needs was permitted.

Certain activities were allowed but subject to strict regulation: Construction activities, especially near the park boundary; establishment of hotels and resorts; tree felling (with prior permission); and small-scale industries. No new commercial construction or hotels were allowed within 1 km of the park boundary, except for limited eco-tourism structures.

A seasonal rivulet passing through Col Sher Jung National Park in Himachal Pradesh. (Saurabh Parashar)

Demands for exclusion

The demand for exclusion from the ESZ came primarily from residents and elected representatives of areas falling within the notified zone. Representatives of Bhatanwali, Patalia, and Behral approached the Himachal Pradesh High Court, seeking exclusion from the ESZ. They argued that it adversely affected residential, agricultural, and livelihood activities, and no proper procedure was followed for declaring the area as an ESZ.

The demand was also supported by local Congress MLA Ajay Solanki from Nahan and BJP MLA Sukhram Chaudhary from Paonta Sahib. In their representations to the state government, they sought implementation of a reduced ESZ boundary of 1 km in line with the Supreme Court’s 2022 directions, along with the application of the 2023 provision allowing site-specific relaxation.

A key concern highlighted was the industrial importance of the Paonta Sahib sub-division, which hosts several industries providing employment and contributing significantly to state revenue. Some industrial units, including stone crushers, also sought relaxation or extension, citing a lack of clarity regarding ESZ boundaries at the time of their establishment.

In November, 2025, Mohkam Singh, proprietor of Mohkam Singh Stone Crusher at Surajpur village, submitted a representation to the state government demanding a three-year extension, stating that at the time of granting permission, neither the unit nor the officials concerned appeared to be aware of the precise ESZ boundary and its overlap with the unit’s location.

What the Himachal Pradesh High Court ruled

In its April 16 order, a division bench of the Himachal Pradesh High Court highlighted serious procedural lapses, possibly including inadequate stakeholder consultation, improper demarcation, or non-compliance with statutory requirements.

Many villages were included in the ESZ when the recommendations were prepared in 2012, but many were later excluded when a draft notification was issued in 2015—without any reasons cited for the exclusion and inclusion of villages.

The court also took cognisance of the record placed by MoEFCC that the draft ESZ notification was considered in the 18th meeting of the Expert Committee for Eco-Sensitive Zones, where the committee requested the state government to provide a detailed justification for the proposed zero ESZ extent and to submit a revised proposal.

The state government, however, did not submit the information sought or a revised proposal. The notification could not be finalised within the stipulated 725 days and lapsed. Thereafter, the state government submitted a fresh proposal and a new draft notification was issued on December 24, 2020.

The court said no committee, comprising the wildlife warden, an ecologist, an official from local self-government, and the revenue department of the concerned area, was ever formed to reinitiate the process after the previous notification lapsed in 2015. There was a complete disregard of the procedure prescribed for declaring the Eco-Sensitive Zone, the court noted.

How will it impact the national park?

The immediate impact of the judgment is that the ESZ notification ceases to operate, effectively removing the regulatory restrictions imposed around the park.

A senior wildlife officer attached to the national park said, requesting anonymity, “Industries will not come out within a day or two. Our main concern is the mining-related activity and the possibility of rampant construction around the national park. Many rivulets, etc., pass through the national park. Mining cannot take place inside the park, but if mining takes place outside and near the park, that too will have an adverse impact.”

The withdrawal of the notification has also increased the risk of unregulated development around the park, potential threats to wildlife habitat and ecological balance, and possible disruption of wildlife corridors connecting nearby protected areas.

What next?

“We are studying the judgment. We will definitely take a decision on it shortly,” Sanjay Sood, Himachal Principal Chief Conservator of Forests-cum-Head of Forest Force, said.

Senior Advocate Deepak Kaushal, who represented the Gram Panchayats, said, “At present, the notification declaring the area as ESZ has been quashed and set aside. The government will need to follow the entire process laid down for declaring an area as an ESZ. It is the responsibility of the state government to follow the procedure.”

“The MoEFCC only constitutes an Eco-Sensitive Zone Committee. Consultation with local representatives, field inspections, etc., is the work of the state government. The state and central governments are at liberty to challenge the decision before the appropriate forum,” he added.

A senior forest officer confirmed this, saying that the notification was issued by the MoEFCC, but the park lies in Himachal Pradesh. “Both can challenge this decision,” the officer added.