- (1.) RAVI S. Dhawan and A. B. Srivastava, JJ. The Commissioner, Kumaon and Garhwal, along with the Chairman of the Kumaon and Garhwal Mandal Vikas Nigam are present today in this matter. The issue plainly is about environmental conscious ness in the regions in Kumaon and Garhwal, of the preservation of their natural environ ment and habitat and prophylactic action in preventing the disbalance of the environ ment and ecology of this region. All present today are agreed that Kumaon and Garhwal is part of a distinct eco-system ; the Himalayan environment. Today's proceed ings are limited to the extent on the discus sion had today, as inevitably, for a more detailed examination, the Court will meet again.
(2.) THE dumping of non-biodegradable materials, regard being had to the projec tion with which the State of U. P. advertises these regions as tourist centres it makes the hills as part of a consumer's economy. On the mass consumption of fast consumer snacks or items classified as packaged fast foods, it is accepted even by the administra tion that there is no concerted all out effort, at present, to keep throw away plastics and metals away from the hills. Though, both the Commissioners of Kumaon and Garhwal submitted that they have initiated steps in pilot areas for the collection of plastic from being thrown all over the hill side. Locally, the Commissioner, Kumaon, submitted that he is making the area of Nainital as a model area to induct consciousness that plastic plackets and packaging materials are to be collected in stead of being thrown so that it is recycled for other purposes. The Commissioner, Garhwal Division, has collected statistics on how plastic finds itself in unscheduled gar bage dumps and the source from where it originates. The special survey was targeted to areas like Dehradun and Mussoorie. The summing up of this random survey is that this plastic throwing spree is part of mass consumption and by far the largest mass of it comes from institutions like Schools and Colleges, Government institutions and hotels. The survey is on record identifying the sou rce and areas of plastic dumps. But there is another dangerous phenomenon to be tackled. It is the scatter ing of plastics deep in the higher reaches of the mountains. There, retrieving it for recy cling may be a difficult exercise. In this con text steps need to be taken as a matter of urgency. This strewing of plastic on the higher reaches of the mountains and the valleys, either by tourists or by residents of hamlets and villages as a result of mass con sumption is gradually and slowly creating an ecological imbalance. Layers of plastic get sandwiched between falling leaves and forest biodegradable materials. Plastic prevents nature from returning to earth nutriets which enrich it. It prevents rain water from percolating into the ground and preventing the trees from receiving it and natural streams and springs from being born. This delicate contain ecological balance is being iost by an alien phenomenon of consumerims. '
(3.) THE tourists from the plains con sume and thrown aluminium cans, plastic water bottles and glass bottles etc. on the hill side. This traffic comes in bus loads and packed cars which is difficult to monitor as also the items of mass consumption they bring with them. THE officials present are agreed that as a first step a model answer has to be provided so that the message goes home that the delicate ecology of the moun tains is to be protected not jeopardised. This message can best be covered from a trekking or a pilgrimage route. A beginning has to be made somewhere, so that similar preventive measures for other areas can be adopted. The chalking out of a garbage clean ing exercise and the indiscriminate throw ing of it will have to begin by educating the local population and regulation the tourist, the pilgrim and the trekkers to selectively retain these non-biodegradable materials and throw only at specified points. To facilitate this arrangements will need to be made by the local administration and the State. Arrangements also will have to be made for public conveniences and for toilets. Mountains and fresh water streame are to be kept free of garbage, filth and open defecation. Rarely one finds public toilets on these pilgrimages or trekking routes. This causes extreme inconvenience to the treckkers and the pilgrims, the girls and the women especially. In the absence of public conveniences and toilets, the pilgrim, the tourist and the trekker alike use the moun tain pathways as open toilets. This disturbs the esthetics of a pilgrimage or the concept of a mountain treck. Neither a pilgrimage nor a trek are meant to attack a mountain environment. Thus, an effort has to be made to clean these ancient rivers which are otherwise the harbingers in India of a con tinuing but ancient civilisations on its banks. The cleaning effort must begin from its source.;