2026:HHC:12191 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9434 of 2025 Date of decision: 16.04.2026 Gram Panchayat Bhatanwali & Ors. ...Petitioners. Versus Union of India & Ors. …Respondents. Coram Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Hon’ble Mr. Justice Ranjan Sharma, Judge. Whether approved for reporting?1 Yes. For the petitioners : Mr. Deepak Kaushal, Senior Advocate with Mr. Abhishek Verma, Advocate. For the respondents : Mr. Balram Sharma, DSGI with Mr. Rajeev Sharma, Advocate, for respondent No.1. : Mr. Anup Rattan, Advocate General with Mr. Ramakant Sharma, Additional Advocate General, for respondents No.2 & 3-State. Vivek Singh Thakur, Judge Petitioners, namely Gram Panchayat Bhatanwali, Gram Panchayat Patalia and Gram Panchayat Behral, through their respective representatives, invoking jurisdiction of this Court under Article 226 of the Constitution of India, have approached this Court for quashing impugned notification dated 13.01.2022 (Annexure P-4), whereby, in pursuance of draft notification dated 24.12.2020 (Annexure P-3) and recommendations made by Eco-Sensitive Zone Expert 1Whether the reporters of the local papers may be allowed to see the Judgment? Yes -2- 2026:HHC:12191 Committee for declaration of Eco-Sensitive Zone (‘ESZ’) around protected areas (Wildlife Sanctuaries/National Parks/Tiger Reserves) in its 46th Meeting held on 25.06.2021, Eco-Sensitive Zone of Col. Sherjung National Park, Himachal Pradesh, has been notified along with boundary details, latitudes and longitudes appended thereto, including lists of geo-coordinates of the boundary of Col. Sherjung National Park, Himachal Pradesh and Eco-Sensitive Zone, as well as list of villages falling within the Eco-Sensitive Zone along with their geo- coordinates at prominent points appended as Annexure-IV. 2. Grievance of petitioners is that the aggrieved Gram Panchayats/villages falling within these Gram Panchayats have been included in Eco-Sensitive Zone without following proper procedure and without valid recommendations made by the concerned agencies, as contained in Guidelines for declaration of Eco-Sensitive Zones around National Parks and Wildlife Sanctuaries, circulated by Government of India, Ministry of Environment, Forest and Climate Changes (Wildlife Division), vide communication F.No.1-9/2007 WL-I(pt) dated 09.02.2011 (Annexure P-5). 3. Respondents have claimed that impugned notification has been issued after completing the process in accordance with Guidelines in all respects. The relevant part of Clause 6 of the Guidelines reads as under:- -3- 2026:HHC:12191 “6. The procedure to be adopted : 6.1 As has been indicated in the forgoing paras, the basic aim is to regulate certain activities around National Park and Wildlife Sanctuary so as to minimize the negative impacts of such activities on the fragile ecosystem encompassing the Protected Area. As a first step towards achieving this goal, it is a prerequisite that an inventory of the different land use patterns and the different types of activities, types and number of industries operating around each of the Protected Area (National Parks, Sanctuaries) as well as important Corridors be made. The inventory could be done by the concerned Range Officers, who can take a stock of activities within 10 km of his range. 6.2 For the above purpose, a small committee comprising the concerned Wildlife Warden, an Ecologist, an official from the Local Self Government and an official of the Revenue Department of the concerned area, could be formed. The said committee could suggest the: (i) Extent of eco-sensitive gones for the Protected Area being considered. (ii) The requirement of such a zone to act as a shock absorber (iii) To suggest the best methods for management of the eco- sensitive zones, so suggested. (iv) To suggest broad based thematic activities to be included in the Master Plan for the region.” 4. Admittedly, for declaring Eco-Sensitive Zone around Simbalwara Wildlife Sanctuary, with a view to conserve and protect an area of suitable width from the boundary of the protected area from ecological and environmental point of view, a proposed draft notification was prepared, which has been placed on record at pages 750–751 of the paper book. 5. In the draft proposal, all Reserve Forests of Majra Range falling on the northern side of Simbalwara Wildlife Sanctuary, part of Reserve Forest Lohgarh of Nahan Forest Division, i.e. 23 Reserve Forests of Majra Range of Paonta Forest Division and one Reserve -4- 2026:HHC:12191 Forest of Kolar Range of Nahan Forest Division, were proposed for inclusion in Eco-Sensitive Zone, as per details given in para 1(i) of the draft proposal. In addition to this, four villages, namely Pilhori, Naurangabad Gujjar Colony, Ghuttanpur and Behral, were also proposed to be included in the Eco-Sensitive Zone, as listed in para 1(ii) of the draft proposal. 6. The aforesaid draft proposal was considered in meeting of the Committee constituted for consideration of Eco-Sensitive Zones around Simbalwara Wildlife Sanctuary, held on 17.08.2012. 7. It is evident from the proceedings placed on record that public representatives, namely Pradhan, Gram Panchayat Dhaulakuan; Pradhan, Gram Panchayat Majra; Up-Pradhan, Gram Panchayat Dhaulakuan; Pradhan, Gram Panchayat Palhodi; Pradhan, Gram Panchayat Pipliwala; Pradhan, Gram Panchayat Misrwala; Pradhan, Gram Panchayat Behral; and Pradhan along with one resident of Gram Panchayat Pattiya, attended the said meeting held on 17.08.2012. 8. Thereafter, nothing was heard regarding recommendations made in the year 2012 till 2015. 9. In the year 2015, a draft notification dated 09.12.2015 (Annexure P-2) was issued by Ministry of Environment, Forest and Climate Change, Government of India, wherein in Annexure-II -5- 2026:HHC:12191 appended to the said notification, list of villages falling in Eco-Sensitive Zone of Simbalwara Wildlife Sanctuary was published, which included villages Pilhori, Dhaula Kuan, Satiwala and Behral. However, in the recommendations dated 17.08.2012 villages Pilhori, Naurangabad Gujjar Colony, Ghuttanpur and Behral were proposed for inclusion in Eco-Sensitive Zone, but in draft notification villages Ghuttanpur and Naurangabad Gujjar Colony were omitted, and Dhaula Kuan and Satiwala were added to list of villages. There is, however, nothing on record to explain exclusion and inclusion of aforesaid villages in and from the list. 10. After 2015, again nothing was heard till December, 2020. 11. According to the information placed on record by Ministry of Environment, Forest and Climate change, Government of India, draft ESZ notification was considered in 18th Meeting of Expert Committee (ESZ) held on 31.05.2016, wherein the Committee had requested the State Government to provide a detailed justification for the proposed zero ESZ extent and to submit a revised proposal. The State Government of Himachal Pradesh, had however not submitted the information sought or the revised proposal and the notification could not be finalized within the stipulated time of 725 days therefore got lapsed. -6- 2026:HHC:12191 12. Thereafter, a fresh proposal was received from State Government of Himachal Pradesh, whereafter in the aforesaid backdrop, draft notification dated 24.12.2020 (Annexure P-3) was issued with detail of villages included in Eco-Sensitive Zone in Annexure-IV appended with Notification, which are Bahral, Satiwala, Ghutanpur, Puruwala Santokhgarh, Amargarh, Puruwala Kanshipur, Johron, Pipliwala, Kiratpur Bhagwanpur, Misserwala, Jagatpur, Majra, Behrampur Salamatpur, Tokion, Kolar, Kodewala, Charanwala, Jhil Banka Bara and Palhori. 13. Thereafter, the republished draft notification dated 24.12.2020 (Annexure P-3) was considered in the 46th ESZ Meeting of the Expert Committee, held on 25.06.2021. Based on the presentation made and deliberations held, the Committee recommended for finalization of the said draft ESZ notification. Accordingly, Ministry of Environment, Forest and Climate Change thereafter published the final ESZ notification vide S.O.172(E) dated 13.01.2022. 14. In final notification dated 13.01.2022 (Annexure P-4), villages mentioned in the draft notification were declared to be included in Eco-Sensitive Zone, as per Annexure-IV appended to the final notification. 15. Admittedly, the process for declaring ESZ, initiated in the year 2012 and draft notification dated 09.12.2015 issued in pursuance -7- 2026:HHC:12191 thereto, was never finalized within the time specified for the said purpose, and the said proposal lapsed. Thereafter, though a fresh proposal was submitted by State Government to the Ministry of Environment, Forest and Climate Changes, Government of India, however, prescribed process for such proposal was never initiated as required under the Guidelines governing the field for the said purpose, much less was there any involvement of any public representative or stakeholder at any stage after lapse of the previous draft notification. 16. Even in draft notification issued in 2015, four villages were proposed to be included, that too by exchanging two villages which were originally proposed in the draft proposal. However, in draft notification as well as final notifications issued in 2020 (Annexure P-3) and 2022 (Annexure P-4), 19 villages have been included without carrying out any survey or preparing an inventory of different land-use patterns, types of activities, and types and number of industries operating around each of the protected areas, as well as important corridors. No Committee, comprising the concerned Wildlife Warden, an Ecologist, official from Local Self Government, and official of Revenue Department of the concerned area, was ever formed for re- initiating the process after lapse of previous notification in the year 2015. There has been a complete disregard of the procedure prescribed for declaring the Eco-Sensitive Zone. -8- 2026:HHC:12191 17. Learned counsel for the petitioners has placed reliance upon pronouncement of the Apex Court dated 26.04.2023 in Writ Petition(s) (Civil) No(s). 202/1995 (T.N. Godavarman Thirumulpad vs. Union of India & Ors.), by referring to the following extract of para 59, which reads as under:- “59. As already discussed hereinabove, the ESZs are required to be notified after following the procedure as prescribed under the 1986 Rules and the said Guidelines. Such notifications cannot be issued unless a close scrutiny at various levels including the scrutiny by Expert Committee consisting of experts from 13 organizations. As such, we find that the direction as contained in paragraph 56.6 of the order dated 3rd June 2022 (supra) also needs to be modified.” 18. Reliance has also been placed upon pronouncements of the Apex Court in State of Jharkhand & Ors. vs. Ambay Cements & Anr., (2005) 1 SCC 368; Babu Verghese & Ors. vs. Bar Council of Kerala & Ors., (1999) 3 SCC 422; and Independent Sugar Corporation Ltd. vs. Girish Sriram Juneja, 2025 INSC 124, wherein the Apex Court has reiterated the principle that wherever a specific procedure has been prescribed for doing some action by the State/Authority, the said procedure must be followed. 19. We are of the considered opinion that in view of nature of the impact of declaration of Eco-Sensitive Zone on the residents of the area, the procedure provided in the Guidelines for declaring Eco- Sensitive Zone is mandatory in nature so as to avoid any inconvenience and hardship to interests of the residents of the area. -9- 2026:HHC:12191 20. In present case, respondents have miserably failed to follow the prescribed procedure. 21. In view of above, we are of the considered opinion that impugned notification dated 13.01.2022 (Annexure P-4) is liable to be quashed, and accordingly, the same is quashed and set aside. Pending miscellaneous application(s), if any, also stand disposed of. (Vivek Singh Thakur) Judge (Ranjan Sharma) Judge 16th April, 2026 (Pardeep)