State government is not serious about unearthing real cause for Joshimath sinking: Uttarakhand High Court

The Uttarakhand High Court recently observed that the State government did not appear to be serious about unearthing the real causes behind the sinking of land in Joshimath. [PC Tewari v. State of Uttarakhand].A Bench of Chief Justice Vipin Sanghi and Justice Alok Kumar Verma made the remark on finding that the authorities had failed to rope in experts from various fields to conduct a study on the geological activity in the Joshimath area, in violation of a previous order passed by it.“We get the expression that the State is not serious about unearthing the real causes for land subsidence, and to seriously deal with the situation, which has emerged,” the Court said in its order.Notably, the Court has also summoned the Chief Secretary of the State government for the apparent non-compliance with its order to rope in experts to study the situation. .The Bench added that only a thorough study would disclose the reasons why the land subsidence has taken place, how to deal with it and prevent it from recurring in the future. .In January this year, while hearing a public interest litigation (PIL), the Court had also ordered the State to strictly enforce a ban on construction in the Joshimath area. The ban had been imposed in the wake of the Joshimath sinking issue, which had led to the formation of cracks in houses and on roads. While the PIL had originally been filed in 2021 in relation to the flooding of hydroelectric power projects by the bursting of a glacier, the petitioner also moved an application seeking the Court’s intervention on the Joshimath issue after landslides occurred in the area.The Court had ordered the State to consult experts to study the Joshimath sinking issue and make an assessment of how the situation can be salvaged. It was informed that the Wadia Institute of Himalayan Geology was asked to conduct a study.In the same order, the Court added that independent experts can also be associated with the study, if experts are yet to be roped in from fields such as hydrology, geology, glaciology, disaster management and geomorphology, apart from landslide experts. .However, the Court noted that even as of May 22 this year, independent experts had not been associated with the study.This prompted the Court to call for the appearance of the Chief Secretary of the State, either physically or virtually, on the next date of hearing on September 22..Advocates Snigdha Tiwari and Abhijay Negi represented the petitioner. Additional Chief Standing Counsel Rajeev Singh Bisht represented the State. Senior Advocate Sanjay Jain and Advocate Kartikey Hari Gupta represented the National Thermal Power Corporation.Senior Advocate Rajendra Dobhal and Advocate Shubhang Dobhai represented Rithwik Projects. Standing Counsel VK Kapruwa represented the Union of India..[Read Order]