Balancing Roots and Green Growth: Evaluating Section 118 of HPTLRA-1972 in the Context of Biodiversity Conservation and Eco-Entrepreneurship in Himachal Pradesh
Author: Lalit Jain
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Abstract
Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 plays a pivotal role in regulating land transfers, with significant environmental implications. Originally intended to protect the rights of local agriculturists, the Act has functioned as an unofficial environmental safeguard, restricting land acquisition by non-agriculturists and thereby reducing risks of deforestation, urban sprawl, and habitat fragmentation in ecologically fragile zones. Its impact has contributed to preserving biodiversity hotspots and sustaining ecosystem services essential for the Western Himalayan landscape. However, gaps in enforcement, policy ambiguities, and increasing pressure for economic liberalization threaten to undermine these environmental protections.
To strengthen climate-resilient development, there is a need to reframe Section 118 through an eco-centric lens, aligning it with India's commitments to the Paris Agreement and Sustainable Development Goals (SDGs), particularly SDG 13 (Climate Action) and SDG 15 (Life on Land). Integrating environmental assessments, ensuring transparent governance, and enhancing community participation in land use decisions can transform Section 118 into a cornerstone of sustainable land governance. This paper explores the dual role of Section 118 as both a guardian of ecological stability and a constraint on environmentally sustainable innovation. These strategies aim to preserve the core conservation ethos of the law while promoting a green economy rooted in local participation and environmental stewardship. Reinforcing its ecological provisions will not only support long-term biodiversity conservation but also offer a replicable model for inclusive and climate-smart policy design in other mountain states
Keywords
Section 118, HPTLRA-1972, Climate-Resilient Development, Sustainable Land Governance, Eco-centric Policy Reform, Biodiversity Conservation
Conclusion
Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972, has played a pivotal role in the conservation of biodiversity in the state by regulating land acquisition and preventing the unchecked expansion of non-agricultural activities. The provision that restricts non-agriculturists from acquiring land helps mitigate the threats posed by large-scale industrialization, deforestation, and unsustainable land use practices, thus preserving the state’s rich biodiversity and fragile ecosystems. By safeguarding agricultural land and forested areas, Section 118 has contributed significantly to the maintenance of essential habitats for wildlife, the protection of water sources, and the prevention of soil degradation (Gupta, 2021).
However, while the law offers considerable environmental benefits, it also presents several challenges that hinder biodiversity conservation efforts, particularly in the realm of eco-entrepreneurship and large-scale conservation projects. The restrictions on land acquisition have limited opportunities for non-local stakeholders, including environmental organizations, green entrepreneurs, and researchers, to establish large-scale reforestation, afforestation, and wildlife conservation initiatives. This regulatory constraint has also stifled the growth of businesses focused on sustainable land management, renewable energy projects, and green technology, which are essential for enhancing biodiversity resilience in the face of climate change (Kumar & Reddy 2021).
To strike a balance between conservation and development, policy modifications are needed. Introducing exemptions for green investments, such as those in biodiversity conservation, reforestation, and renewable energy projects, would facilitate the growth of sustainable businesses while preserving the ecological integrity of the state. Special economic zones (SEZs) designed for eco-businesses, as well as leasing models for green projects, could provide a viable alternative to permanent land ownership, ensuring that land-use practices remain ecologically responsible. These measures would allow entrepreneurs and environmental organizations to actively contribute to biodiversity conservation without compromising the state's agricultural and forested lands (Mehta, 2022). In conclusion, Section 118 has played an essential role in preserving Himachal Pradesh’s biodiversity by regulating land acquisition and preventing land misuse. However, its rigid land-use restrictions have also hindered progress in implementing large-scale biodiversity conservation projects and green business ventures. By adapting the policy to allow for greater flexibility in land acquisition for environmental initiatives, the state can foster a more sustainable and biodiverse future. The integration of digital transformation, streamlined approval processes, and innovative land-use models will ensure that biodiversity conservation goals are met while also promoting economic growth and climate resilience. This balanced approach will help maintain Himachal Pradesh’s rich natural heritage while advancing sustainable development
References
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How to cite this article
Lalit Jain (2023). Balancing Roots and Green Growth: Evaluating Section 118 of HPTLRA-1972 in the Context of Biodiversity Conservation and Eco-Entrepreneurship in Himachal Pradesh. Biological Forum – An International Journal, 15(3a): 115-121