Srinagar- To protect the environment and maintain tranquility, the High Court of J&K and Ladakh has “strictly banned” use of polythene bags, plastic packets, and other plastic related materials in and around Zero Point of Zojila Pass with immediate effect.
Hearing a Public Interest Litigation, a bench of Chief Justice Tashi Rabstan and Justice M. A. Chowdhary also banned all types of commercial activities such as using Snow Scooters, sledges in and around Zero Point of Zojila Pass with immediate effect.
“Respondents (authorities) are further directed to launch extensive cleanliness drive of Zero Point of Zojila Pass and the nearby snowbound areas on war footing in collaboration with the officials of both the UTs )J&K and Ladakh) as well as with the help of NGOs/social organizations”.
The court directed S.S.P. Ganderbal, UT of J&K and S.S.P. Kargil, UT of Ladakh, to strictly implement the order and file the action taken report “well before” the next date of hearing on April 15.
The court directions followed perusal of a report by Ladakh Autonomous Hill Development Council, Kargil, contending that the administration of Ganderbal and officials of Police Station Sonmarg often allow tourist vehicles upto zero point of Zojila Pass while restricting passenger vehicles from Ladakh, leading to traffic congestion and endangering lives on this treacherous route. While advocating the environmental regulations and protections to preserve the unique ecological balance of the area, LAHDC Kargil also stated that the Wildlife Warden, Kargil vide his report dated 24 October 2024 has also shown concern about the increased tourism and human activity in the fragile ecosystem of Ladakh, which has an adverse impact on the unique flora and fauna in this specific area.
The court also reproduced a relevant portion of the report : “Habital Destruction: The unregulated tourism and increased human activities in the fragile landscape could lead to the destruction of natural habitats. This could impact species that are already adapted to the area’s harsh climate and sensitive ecosystem, potentially leading to loss of biodiversity. The area is home to species like Himalayan Brown Bear, Long Tailed Marmots.”
Referring to disruption of Wildlife migration and Breeding Patterns, the report said that increased human presence and activities such as moving in the habitat zones, usage of vehicles could disrupt the natural migration and breeding routes of Wildlife species.
“Many animals rely on specific migratory patterns for survival and interference in these patterns could lead to population decline.”
As regards pollution, the report said that heavy traffic, especially from vehicles, may lead to air and noise pollution.
Additionally, the report said, improper waste disposal and littering from increased tourism can contaminate the region, affecting plant life and animals that depend on clean water sources and unpolluted land.
The court also noted submissions by amicus curiae that in and around Zojila Pass there are many illegal commercial activities being going on and their unchecked expansion may not only lead to detrimental consequences for the fragile high mountain pass ecosystem and indigenous communities, but also pose significant environmental and social challenges, besides threat of habitat disturbance and poaching risks.
The Amicus Curiae also submitted that recreational activities such as sledging and using snow scooters in the snow-bound high mountain pass can not only disturb the snow and ice cover, leading to soil erosion once the snow melts, but also contribute to air pollution through emissions from fuel consumption and the snow itself become contaminated with exhaust particles, oil spills, and other pollutants, thus posing a serious threat to ecological balance.
The court was hearing a Public Interest Litigation, treating a letter addressed by one Abdul Wahid in his capacity as Councillor, 2-Bhimbet Constituency, Ladakh Autonomous Hill Development Council, Kargil.
The letter dated 1 July 2024 under the subject “Save Ladakh’s Environment, Ecology and Land from Encroachers and Resolve the Boundary Dispute between District Kargil Of UT Ladakh and District Ganderbal of J&K” had been addressed to the Chief Justice Abdul Wahid and same was placed before the Chief Justice who directed it to be treated as PIL.
In the letter, “deep” concern had been expressed over the safety of the environment and ecology of Ladakh. It was averred in the letter that the residents of District Ganderbal have encroached upon the land of Ladakh under the garb that the Border Roads Organization (BRO) has divided the snow area land into equal proportions and this action on part of the inhabitants of Ganderbal has endangered the flora and fauna of the Ladakh region which being a threat to the environment and ecology of the said region.
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