MINISTRY OF ENVIRONMENT AND FORESTS
Now Delhi, the 6th October, 2000
S.O. 916(E).- The following notification which the Central Government proposes to issue in exercise of the powers conferred by sub-section (1) read with clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) is hereby published as required under sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 for information of all persons likely to be affected thereby; and notice is hereby given that the said draft notification will be taken into consideration after the expiry of a period of sixty days from the date on which copies of the Gazette of India containing this notification are made available to the public.
Any person desirous of making any objection or suggestion in respect of the said draft notification may forward the same in writing for consideration of the Central Government within the period so specified to the Secretary to the Government of India, Ministry of Environment and Forests, Paryavaran Bhavan, CGO Complex, Lodhi Road, Mew Delhi-110003.
It is proposed to issue a notification to protect and improve the quality of environment in the Himalayas, which would include the States of Arunachal Pradesh, Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, And districts of Dehra Dun, Haridwar, Almora, Pithoragarh, Chamoli, Pauri Garhwal, Nainital, Uttar Kashi, Udham Singh Nagar, Rudra Prayag, Bageshwar, Tehri Garhwal and Champawat of Uttar Pradesh and Darjeeling district of West Bengal in the scope of this notification.
In order to ensure environmentally sound development of hill towns, the following restrictions and conditions are proposed for all future activities in the areas in the Himalyan region:
Location Plannine In Urban Areas in Hills
No construction should be undertaken in areas having slope above 30° or areas which fall in hazard zones or areas falling on the spring lines and first order streams identified by the State Governments on the basis of available-scientific evidence;
Construction should be permitted in areas with slope between 10° to 30° or spring recharge areas or old landslide zones with such restrictions as the competent local authority may decide;
Tourist resorts, commercial complexes and institutional buildings should be located in areas with surplus water and electricity so as not to affect the rights of existing users without their prior consultation;
Where cutting in an area causes ecological damage and slope instability in adjacent areas, such cuttings shall not be undertaken unless appropriate measures are taken to avoid such damages.
An integrated development plan may be prepared taking into consideration environmental and otger relevant factors including ecologically sensitive areas, hazard zones, drainage channels, steep slopes and fertile land. Areas rich in ground water may not be diverted for construction activities.
Rain Water Harvesting
All buildings to be constructed in future in. urban areas should have provision for roof-top rain water harvesting commensurate with its plinth area with minimum capacity of 5 KL for plinth area above 200 sq.m., 2 KL for plinth area of 200 sq.m. or below in case of - residential buildings and minimum capacity of. 0.01 cum per sq.m. of plinth area in case of commercial and institutional buildings such as tourist complexes, hotels, shopping complexes, and Government buildings:
provided that minimum standards for commercial and institutional buildings shall also apply to such buildings in areas not covered within the limits of urban areas;
Where minimum standards have already been laid down by the State Governments, such standards shall take precedence;
The institutional and commercial buildings should not draw water from existing water supply schemes which adversely affects water supply to local villages or settlements;
In rural areas rain water harvesting should be undertaken through such structures as percolation tanks and storage tanks and any other-means;
Spring sanctuary development should be undertaken in the spring recharge zones to augment spring water discharge;
Rain water collected through storm water drains should be used to clean the waste disposal drains and sewers;
Ground water aquifer recharge structures should be constructed wherever such structures do not lead to slope instabilities.
Instructions to be issued by the State Governments for construction of Hill Roads:
For construction of any road in the Himalayan region of more than 5 km (including extension/widening of existing roads) length where the same may not be tarred roads and environmental impact assessment is otherwise not required; environmental impact assessment should be carried out in accordance with instructions to be issued for this purpose by the State Governments;
Provisions should be made in the design- of the road for treatment of hill slope instabilities resulting from road cutting, cross drainage works arid culverts using bio-engineering and other appropriate techniques by including the cost of such measures in the cost estimate of the proposed road;
Provisions should also be made for disposal of debris from construction sites in appropriate manner at suitable and identified locations so as not to affect the ecology of the area adversely; further, the dumped material should be treated using bio-engineering and other appropriate' techniques and. the cost of such measures should be included in the cost estimate of the proposed road;
Wherever hot mix plants are used, they should be set up at least 2 kin away from settlements and a minimum area of 200 sq.m. surrounding the site should be devoid of vegetation;
No stone quarrying should be carried out without proper overall management and treatment plan including rehabilitation plan and financial provision for rehabilitation of the site should be included in the cost of the management plan;
All hill roads should be provided with adequate number of road side drains and these drains shall be kept free from blockage for runoff disposal; in the event that this is not done and this fact leads to damages that could otherwise have been prevented, the persons responsible should be liable for prosecution/damages; further, the cross drains shall be treated suitably using bio-engineering and other appropriate technologies so as to minimise slope instability;
The runoff from the road side drains should be connected with the natural drainage system in the area;
Fault zones and historically land slide prone zones should be avoided during alignment of a road; where for any reason it is not possible to do so, notice should be given providing full justification and the construction should be carried out only after sufficient measures have been taken to minimise the associated risks,
Notice should be given about all fault zones and land slide zones along the roads indicating the beginning and the end of such areas.
Ridge alignment should be preferred to valley alignment;
Alignment should be selected so as to minimise loss of vegetal cover;
South or South-west alignment should be preferred to avoid moist areas;
Appropriate design standards should be followed while designing the roads including mass balancing of cut and fill and avoidance of unnecessary cutting;
Encouragement should be provided for use of debris material for local development.
[F. No. 14-8/2000-CSC]
R.H. KHWAJA, Jt. Secy.