The Himachal Pradesh High Court in the case observed and has questioned the State Biodiversity Board with regards to the failure to act against those violating the express provisions of the Biodiversity Act 2002.
The bench comprising of Chief Justice MS Ramachandra Rao and Justice Ajay Mohan Goel in the case observed and has summoned the Member Secretary of the Board in order to explain as to why the action as stated under Section 55 (2) of the Act has not been initiated against errant entities.
The court observed that it has been stated that as per section 7 reading with Section 24(2) of the Act restrains any citizen or entity from obtaining any biological resource for commercial utilisation without giving prior intimation to the State Biodiversity Board. Therefore, the Board may then if deems fit, prohibit or it may restrict any such activity if it being of opinion that such activity is detrimental or contrary to the objectives of conservation and sustainable use of biodiversity or equitable sharing of the benefits.
In the present case, the plea is by the NGO- People for Responsible Governance of the 2019 development wherein it is alleged that State Biodiversity Board has failed to implement the Act effectively, which resulted in the loss of biological resources and the associated benefits.
The bench in the case observed and has directed that he being the Member Secretary in the case shall explain as to what action is being initiated against these entities also for not complying with the Guidelines on Access to Biological Resources and Associated Knowledge and also the Benefits Sharing Regulation, 2014 which is being framed on November 21, 2023 and for not sharing the financial benefits in spite of the accessing biological resources from the sources within the State of Himachal Pradesh.
