Shimla. Himachal Pradesh High Court has issued a major order regarding the anti-hail guns being used in the state. The Court has directed the State Government to immediately and completely ban the use of anti-hail guns in the entire Himachal Pradesh for at least one year. The court gave this direction after the concerns expressed by the gardeners that the use of these guns was likely to cause excessive rainfall and damage to nearby apple orchards.Chief Justice G.S. A division bench of Justice Sandhawalia and Justice Bipin C. Negi was hearing the case. Following complaints from local fruit growers, the High Court took suo motu cognizance of the matter and initiated a PIL. During the hearing, the court also examined the affidavit filed by the state’s Horticulture Director.
complete ban for one year
The High Court has directed the state government to immediately ban the use of anti-hail guns in the entire state. This ban has been asked to remain in force for at least one year. After the court order, now the situation has become clear regarding the operation of these guns used for protection against hailstorm in the state. Anti-hail guns are mainly used for the purpose of protecting fruits and crops from hailstorm. Gardeners, especially in apple growing areas, have been using such systems to reduce hail damage. However, now questions related to the possible impact of its use on the environment and surrounding gardens have been raised before the court.
Hearing started on the complaints of gardeners
The case started with complaints from local fruit growers. Gardeners had expressed concern about excessive rainfall in the surrounding areas and damage to apple orchards during the use of anti-hail guns. Taking these complaints seriously, the High Court took suo motu cognizance of the matter and began hearing it as a PIL. The issue before the Court was not limited to the use of anti-hail guns, but also considered facts related to the possible link between its operation and rainfall. The court examined the records and affidavit provided by the state horticulture department in this regard.
Mention of rain in the affidavit
The affidavit filed by the Horticulture Director said that whenever the anti-hail system was operated for more than an hour, heavy and prolonged rain was recorded. The court took this information into consideration. On the basis of these facts recorded in the affidavit, the court considered the concerns expressed by the gardeners to be prima facie correct. Keeping in mind the aspects related to the use of anti-hail gun and the rainfall recorded thereafter, the court directed to stop its operation for the time being.
Concern of apple growers becomes important basis
Himachal Pradesh is among the major apple producing states of the country. A large number of gardeners in many areas of the state are dependent on apple cultivation. In such a situation, changes in weather and excessive rain can have a direct impact on the crop. On behalf of the growers, a concern was raised in the court that during the use of anti-hail guns, there could be a situation of excessive rain in the surrounding apple orchards. There is a possibility of fruit production being affected due to continuous or heavy rains. A demand for judicial intervention had come forward regarding this complaint. During the hearing of the case, the High Court took into consideration the available documents and the affidavit of the Horticulture Director. After this the court ordered to stop the use of anti-hail guns across the state.
Instructions to the government to follow immediately
The court has asked the state government to ensure immediate implementation of the order. This means that the ban will not be limited to any one district or horticulture area, but will be applicable on the use of anti-hail guns in the entire Himachal Pradesh. There will be scope for further study or review on the scientific, environmental and agricultural aspects related to this system during the ban of at least one year. However, how the government and concerned departments will work on alternative arrangements during this period will depend on further action.
Gardeners and department keeping an eye on further action
After the order of the High Court, now the gardeners and the state horticulture department will keep an eye on the further process. While the purpose of the anti-hail gun has been to protect crops from hailstorm, questions raised regarding its possible effects have started a new debate. The court has adopted the path of caution in view of the facts available at present and the complaints of gardeners. During the one-year moratorium, assessment of scientific and agricultural aspects related to this subject will be important. At present, due to the order of the High Court, there will be a ban on the operation of anti-hail guns in Himachal Pradesh with immediate effect.
HC takes a tough stance on hail-suppression guns; one-year ban imposed in Himachal.
