Unplanned Urbanisation and the Right to a Healthy Environment: Rethinking Environmental Governance in Himachal Pradesh
DOI:
https://doi.org/10.5281/zenodo.23139707Trefwoorden:
Carrying Capacity, Town And Country Planning;, Environmental Governance, Right to Healthy Environment, Urbanisation, Himachal PradeshSamenvatting
Himachal Pradesh presents an unusually demanding setting for environmental governance because urban growth takes place on steep, geologically fragile and disaster-prone terrain while being driven by tourism, transport infrastructure, housing demand and expanding commercial activity. The resulting legal problem is not simply whether individual projects comply with environmental statutes, but whether the cumulative pattern of urbanisation is compatible with the constitutional obligation to secure a healthy environment. This article examines the relationship between unplanned urbanisation and the right to a healthy environment in Himachal Pradesh, with particular attention to Shimla and the wider Himalayan urban context. It argues that Indian environmental law has already developed the constitutional and doctrinal foundations necessary for an integrated model of ecological urban governance, but those foundations remain institutionally fragmented. Town planning, municipal regulation, environmental clearance, forest protection, disaster management, waste regulation and climate adaptation are commonly administered through separate legal channels even though they operate on the same ecological system. The article analyses Article 21, Articles 47, 48A and 51A(g), the Environment (Protection) Act 1986, the Himachal Pradesh Town and Country Planning Act 1977, municipal legislation, the Environmental Impact Assessment framework and the jurisprudence of the Supreme Court and National Green Tribunal. It particularly examines the Supreme Court's decisions in State of Himachal Pradesh v Yogendera Mohan Sengupta (2024) and M/s Pristine Hotels and Resorts Pvt Ltd v State of Himachal Pradesh (2025), alongside the continuing judicial scrutiny of Himachal's ecological condition. The article proposes a framework of ecological urban governance based on carrying capacity, risk-sensitive zoning, cumulative impact assessment, climate-resilient planning, transparent environmental data, meaningful public participation and enforceable development controls. It concludes that the right to a healthy environment should operate not merely as a remedial right after pollution or disaster occurs, but as a substantive planning principle governing where, how and at what intensity urban development may lawfully occur in a fragile Himalayan state.
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Air (Prevention and Control of Pollution) Act 1981.
Alembic Pharmaceuticals Ltd v Rohit Prajapati (2020) 17 SCC 157.
Constitution of India 1950.
Environment (Protection) Act 1986.
Environmental Impact Assessment Notification, 2006, S.O. 1533, Ministry of Environment and Forests, Government of India.
Hanuman Laxman Aroskar v Union of India (2019) 15 SCC 401.
Himachal Pradesh Municipal Act 1994.
Himachal Pradesh Town and Country Planning Act 1977.
M.C. Mehta v Kamal Nath (1997) 1 SCC 388.
M.K. Ranjitsinh v Union of India 2024 INSC 280.
M/s Pristine Hotels and Resorts Pvt Ltd v State of Himachal Pradesh 2025 SCC OnLine SC 1630.
Municipal Council, Ratlam v Vardhichand (1980) 4 SCC 162.
National Green Tribunal Act 2010.
Solid Waste Management Rules 2016.
State of Himachal Pradesh v Yogendera Mohan Sengupta 2024 INSC 30.
Subhash Kumar v State of Bihar (1991) 1 SCC 598.
Supreme Court of India (2025). In Re: Issues Relating to Ecology and Environmental Conditions Prevailing in the State of Himachal Pradesh, W.P. (C) No. 758 of 2025, orders dated 23 September 2025 and subsequent proceedings.
Supreme Court of India (2026). In Re: Issues Relating to Ecology and Environmental Conditions Prevailing in the State of Himachal Pradesh, W.P. (C) No. 758 of 2025, proceedings concerning referral of ecological issues to the Centrally Empowered Committee.
Town and Country Planning Department, Government of Himachal Pradesh (2022). Development Plan, Shimla Planning Area, 2041.
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Vellore Citizens Welfare Forum v Union of India (1996) 5 SCC 647.
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Water (Prevention and Control of Pollution) Act 1974.
Yogendra Mohan Sengupta v Union of India, Original Application No. 121 of 2014, National Green Tribunal, Principal Bench, judgment dated 16 November 2017.
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