Himachal Pradesh High Court
Suleman vs . Union Of India & Ors. A/W Connected ... on 26 December, 2022
Bench: Tarlok Singh Chauhan, Virender Singh
Suleman vs. Union of India & Ors. a/w connected matter CWP No. 2369 of 2018 a/w CWP No.1074 of 2019, CWPIL No. 32 & 42 of 2021, CWP No.3334 of 2021 and CWPIL No. 4 of 2022 and CWP No.3511 of 2022 .
CWP No. 2369 of 2018 26.12.2022 Present: Mr. Rajnish Maniktala, Senior Advocate as Amicus Curiae with Mr. Naresh Verma, Advocate.
Mr. Deven Khanna, Advocate, for the petitioner. Mr. Rajinder Thakur, Central Government Counsel, for respondent No.1.
Mr. Anup Rattan, A.G. with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs., Mr. Vikrant Chandel, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for, respondents-State. Mr. Maan Singh, Advocate for respondent No.3. Mr. Jagdish Thakur, Advocate respondent No.5.
Mr. K.B. Khajuria, Advocate for respondent No.6.
CWP No. 1074 of 2019Mr. Ramakant Sharma, Advocate for the petitioner.
Mr. Anup Rattan, A.G. with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs., Mr. Vikrant Chandel, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for, respondents-State. Mr. K. S. Banyal, Sr. Advocate with Mr. Uday Singh Banyal, Advocate for respondent No.3. Mr. Tara Singh Chauhan, Advocate, for respondent No.5.
Mr. Shyam Singh Chauhan, Advocate for respondent-HRTC.
CWPIL No.32 of 2021Mr. Neeraj Kumar Shashwat, Advocate, as Amicus Curiae, for the petitioner.
Mr. Anup Rattan, A.G. with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs., Mr. Vikrant Chandel, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for, respondents-State.
::: Downloaded on - 29/12/2022 20:36:42 :::CIS 2Mr. Virbahadur Verma, Advocate for respondent No.2.
Mr. Lalit K. Sharma, Advocate, for respondent No. .
4. CWPIL No. 42 of 2021 Court on its own motion.
Mr. Mohan Sharma, Advocate, for the interveners. Mr. Virbahadur Verma, Advocate for respondent No.1.
Mr. Anup Rattan, A.G. with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs., Mr. Vikrant Chandel, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for, respondents-State.
CWP No.3334 of 2021Mr. Saurav Rattan, Advocate for the petitioner.
Mr. Rajinder Thakur, Central Government Counsel, for respondent No.1.
Mr. Anup Rattan, A.G. with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs., Mr. Vikrant Chandel, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for, respondents-State.
CWPIL No. 4 of 2022Mr. Adarsh K. Vashishta, Advocate for the petitioner.
Mr. Anup Rattan, A.G. with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs., Mr. Vikrant Chandel, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for, respondents-State. Mr. Virbahadur Verma, Advocate for respondent No.3.
Mr. Sunil Mohan Goel, Advocate for respondent No.5.
::: Downloaded on - 29/12/2022 20:36:42 :::CIS 3 CWP No. 3511 of 2022Mr. K.B. Khajuria, Advocate for the petitioner.
.
Mr. Anup Rattan, A.G. with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs., Mr. Vikrant Chandel, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for, respondents-State.
Mr. Virbahadur Verma, Advocate for respondent No.3.
Mr. Vinay Mehta, Advocate, vice Ms. Divya Sood, Advocate, respondent No.4.
CMP No. 4182 of 2022 in CWP No. 2369/2018 For the reasons stated in the application, the same is allowed and the applicants are permitted to intervene in the matter. Application stands disposed of.
CWP No. 3511 of 2022Mr. Vinay Mehta, learned vice counsel for respondent No. 4 prays for and is granted ten days' time to file reply.
CWP No. 2369 of 2018 a/w CWP No.1074 of 2019, CWPIL No. 32 & 42 of 2021, CWP No.3334 of 2021 and CWPIL No. 4 of 2022 and CWP No.3511 of 2022 Since majority of these petitions relate to solid waste management, site dispute for establishing solid waste facility and release of untreated sewerage and solid waste, therefore, the same were taken up together for consideration.
::: Downloaded on - 29/12/2022 20:36:42 :::CIS 42 This court on 14.6.2022 in CWP No. 1074/2019 passed the following order:
.
"Heard. In the peculiar facts and circumstances of the case, we deem it proper to array Principal Secretary (Forest), Principal Secretary (Industries), Principal Secretary (Agriculture), Principal Secretary (Jal Shakti Vibhag), Principal Secretary (Health), Principal Secretary (Rural Development and Panchayati Raj) and Himachal Road Transport Corporation through its Managing Director as party respondents. Let respondent No.2 as also the newly added respondents file their personal affidavit(s) as to the steps taken with regard to effective implementation of the environmental laws in the State of Himachal Pradesh as per the road map which was circulated by the Himachal Pradesh State Pollution Control Board way back on 31st July, 2021.
In addition to that, these respondents shall also file their affidavit(s) with regard to availability of the dumping sites. In the meanwhile, the Polllution Control Board through its Member Secretary shall also file affidavit with regard to places where there is no adequate sites available for the dumping of municipal solid waste and furnish details of the places where the sewerage treatment plants and identify the names of places where the sewerage treatment plants are required to be constructed within four weeks. Compliance affidavit be also filed by respondent No.3 with regard to the short comings as pointed out in the ::: Downloaded on - 29/12/2022 20:36:42 :::CIS 5 affidavit filed by respondent No.5 on 10th June, 2022, in the meanwhile.
.
List on 19th July, 2022."
3 It is in compliance to the aforesaid order that the respondent-Pollution Control Board has prepared a road map for effective implementation of environment laws in State of Himachal Pradesh and has filed a compliance affidavit, paras 2 to 4 thereof read as under:-
2. It is submitted that the present matter relates to solid waste management. That the issues of solid waste management are governed by the Solid Waste Management Rules, 2016 notified by Ministry of Environment, Forest & Climate Change, Government of India. As per rule 12 of the said Rules, District Collector or as the case may be, the Deputy Commissioner shall:-
"...(a) facilitate identification and allocation of suitable land as per clause (f) of rules 11 for setting up solid waste processing and disposal facilities to local authorities in his district in close coordination with the Secretary-in-charge of State Urban Development Department within one year from the date of notification of these rules..."
As per the rule 15 of the said Rules, local municipal bodies are the executive agencies for implementation of these rules viz. infrastructural development for collection, storage, segregation, transportation, processing and disposal of municipal solid wastes.
::: Downloaded on - 29/12/2022 20:36:42 :::CIS 6The Board is discharging its duties as prescribed under these Rules and taking initiatives, .
remedial/regulatory measures as required by issuing necessary instructions or advisory to the municipal local bodies from time to time and monitors solid waste management practices of Urban Local Bodies.
3. That, in compliance to the aforementioned order dated 14/06/2022 of this Hon'ble Court, it is submitted that as per /according to information available, there are total 61 Urban Local Bodies (ULBs) i.e. 5 Municipal Corporations, 29 Municipal Councils and 27 Nagar Panchayats existing in the State of H.P. which are managing the municipal solid waste. Out of these 61 ULBs, 8 ULBs namely Dehra, Jawali, Rewalsar, Jubbal, Rohroo, Theog, Rajgarh and Tahliwal, have no adequate site available for setting up the waste processing facility.
In 12 Urban Local Bodies, namely Bilaspur, Ghumarwin, Chowari, Nagrota, Banjar, Bhuntar, Nerchowk, Sarkaghat, Chopal, Paonta Sahib, Gagret (District Una), site for waste processing facility is available with Urban Local Bodies/ Department of Urban Development, however processing facility has not been set up due to local agitation, forest clearance, geographical issues etc. As per the information provided by Department of Urban Development, the list of Urban Local Bodies (ULBs) where suitable land availability for Solid Waste Management is an issue are as follows:-
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Sr. Name of ULB Issue of availability of suitable land for solid waste management.
No. 1 Bilaspur Site where plant was established by ULB is under dispute and local gram panchayat is not allowing ULB to use that site even after intervention of the Distt. Administration & Police. Local residents have broken the road leading to site.
ULB has identified new land, transfer case of rsame is sent to D.C. Bilaspur.
2 Ghumarwin Land has been identified, clearance under Forest Conservation Act, 1980 is being obtained by ULB.
3 Chowari Land has been identified, transfer is under process. Case is pending with DFO.
4 Dehra Land is not available. Recently identified land case has been sent to D.C. for transfer of the same.
5 Jawali No land is available.
6 Nagrota Land has been identified by ULB and transfer is under process.
7 Banjar Land has been has been identified but transfer of same is pending since last 2 years.
8 Bhuntar Land transferred in the name of ULB is under litigation.
::: Downloaded on - 29/12/2022 20:36:42 :::CIS 89 Karsog Govt. land not available. Private land was taken on lease but currently processing facility is non .
operational due to dispute with nearby residents.
10 Nerchowk Land was identified and processing facility was developed but local residents protested and broken the road leading to the site.
11 Rewalsar Land is not available with ULB.
12 Sarkaghat Land is available but it is a hill slope and not suitable for developing waste processing facility.
13 Chopal r Land identified, transfer is under process.
14 Jubbal Adequate land is not available for developing waste processing facility.
15 Rohroo Land is not available with ULB 16 Theog Land is not available with ULB 17 Paonta Sahib Land is available and transferred in the name of ULB but nearby gram panchayat residents are not allowing ULB's vehicle movement on the approach road to the site.
18 Rajgarh Suitable land is not available with ULB 19 Gagret Local residents are not allowing construction of SWM facility at the site transferred in the name of ULB 20 Tahliwal Suitable land is not available with ULB 21 Una Processing facility is not operational due to land dispute.
::: Downloaded on - 29/12/2022 20:36:42 :::CIS 9That with respect to Sewerage Treatment Plants, it is submitted that reportedly, Action Plan for the .
treatment of sewage in the State of Himachal Pradesh has already been prepared as per directions Hon'ble NGT passed in order dated 21/05/2020 in O.A No. 593/2017 titled Paryavaran Suraksha Samiti & Anr v.
Union of India & ors and is in various stages of implementation by Jal Shakti Vibhag (JSV) and Shimla Jal Prabandhan Nigam Limited (SJPNL) H.P. The Action Plan is also being regularly monitored at the level of State Government.
4. That, as per the latest information available, Sewage Treatment Plants are operational at 63 numbers of places in the State and at another 48 number of places Sewage Treatment Plants are required/proposed or are under construction. For the execution, operation and maintenance of sewerage network in the State, Jal Shakti Vibhag (I&PH) Himachal Pradesh is the Nodal agency.
Reportedly, places where Sewage Treatment Plants are operational in the State are as follows:-
Sr. No. Location 1 Sh. Naina Devi Ji (Kola Toba dry nallah) 2 Ghumarwin (Bajohra MC ward) 3 Chamba -STP Barga -1 4 Chamba -STP Barga-2 5 Chamba -STP Sitla Bridge 6 Chamba -STP at Bhagot ::: Downloaded on - 29/12/2022 20:36:42 :::CIS 10 7 Chamba-STP at Karian 8 STP NIT Hamirpur .
9 Hamirpur Town-Zone No. I 10 Hamirpur Town -Zone No. II 11 Hamirpur Town- Zone No. III 12 Hamirpur- STP Ward No. 11 13 Nadaun/Nagarda Nr Hospital 14 Dehra- Near Shamshan Ghat Dehra 15 Jawalamukhi- Near Petrol Pump Ganju Bag 16 Nurpur- On the left bank of Jabber Khad near Bodh 17 Dharamshala- Chellian 18 Dharamshala -Old Charri Road 19 r Dharamshala -Ramnagar 20 Dharamshala- Bhagsu 21 Dharamshala- Chellian Near Nag Mandir 22 Dharamshala-Mela ground Gamur 23 Nagrota (village Tharu near BanerKhad) 24 Kangra- STP Zone -I Near Senior Sec. School Kangra.
25 Kangra-STP Zone -II Near Bye pass Kangra 26 Kangra- STP Zone -III Old Kangra near Fort 27 Palampur- Left Bank of BihralKhad Bear Insp.
Hut Palampur 28 Tanda-Right side bank of BanerKhad at Dr. RPGMG Tanda.
29 R/Peo -Sarbo 30 Rampur-Khopri 31 Rampur-Chuhabag 32 Jakhri 33 Sarahan (4 No. Septic Tank) 34 Kullu Town- Lanka Bekar ::: Downloaded on - 29/12/2022 20:36:42 :::CIS 11 35 Kullu Town-Bhootnath 36 Kullu Town-Badah .
37 Manali-Near Police Station Manali 38 Marhi-Manali 39 Bhunter -Mela Ground 40 Bhunter- Sarabai 41 Bhunter- Jarad 42 Jogindernagar-Village Majahrnoo 43 Mandi -RaghunathkaPadhar 44 Mandi- Khaliyar 45 Sundernagar (Chandpur) 46 Sarkaghat-Paplog Zone B 47 Sarkaghat-Barchhwar Zone-C 48 r Rohru- Near Radha Swami Petrol Pump 49 Jubbal- Below 22 KV Sub-Station HPSEB JubbalGhunglidhar (Kanhol) 50 Kotkhai Town - Zone ISeptic Tank (200 users) 51 Kotkhai Town - Zone II 52 Narkanda 53 Paonta Sahib -Zone -1 (Devi Nagar) 54 Paonta Sahib-Zone -II (Main Bazar ) 55 Solan, Shamti 56 Arki Town 57 Kunihar 58 Baddi Town-Kenduwal 59 Nalagarh Town-Mandiyapur 60 Una- Chandarlok Colony for Zone D 61 Una- Rampur for Zone A&B 62 Mehatpur- Zone D Basdhera (Septic Tank) 63 Parwanoo ::: Downloaded on - 29/12/2022 20:36:42 :::CIS 12 The places where Sewage Treatment Plants/Common Effluent Treatment Plants are under construction in the .
State are as follows:-
SN Location of Capacity Physical Progress (STP) in % STP (in MLD) age As on As on date 04.02.2022 1 Kotkhai Town 0.163 92% 100%
- Zone III 2 Mehatpur- 0.73 95% 100% Zone A,B& C -
Basdhera 3 Trilokpur- 1.5 70% 100% KheriJohron 4 Kala Amb 1.7 70% 100% 5 Paonta Sahib 1.72 92% 98% Zone -III (Jambukakhal
a) 6 Dharamshala 0.15 40% 50%
-Naddi 7 Theog 1.15 95% 100% 8 Sunni 0.65 100% 100% 9 Dalhousie 2.15 10% 20% 10 Rewalsar 0.35 95% 95% (Chalahar) 11 Gagret 3.14 72% 90% 12 Chamba- 0.87 80% 80% Parel 13 Chowari 1.45 80% 80% 14 Mandi - 9.08 15% 21% Raghunathka Padhar ::: Downloaded on - 29/12/2022 20:36:42 :::CIS 13 15 Mandi- 1.5 15% 18% Khaliyar 16 Santokhgarh 2.5 45% 45% .
17 Hamirpur - 1.06 Work Work Awarded
Bajuri Awarded (Land Dispute)
(Land
Dispute)
18 Bhota 1.15 Work Work Awarded
Awarded (Land Dispute)
(Land
Dispute)
19 Talai 1.65 Land Land dispute
dispute
20 Sundernagar 4.3 Work Work Awarded
Awarded (Design &
r drawings
submitted for
approval)
21 Parwanoo 1 FCA NHAI has declared
Zone-II Approval the site technically
Awaited infeasible for
access and
therefore, access
cannot be given by
them to the site
proposed for the
construction of
STP zone II. An
alternate site has
now been selected
for the
construction of the
STP and a case for
the approval for
change of site has
been moved
accordingly.
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14
The places where sewage Treatment Plants of Jal Shakti .
Vibhag are proposed/awaiting sanction of the State are as follows:-
Sr. Location of STP Capacity Status No. of STP proposed (in MLD) 1 Nerchowk 3.36 DPR Approved 2 Rajgarh 1.5 DPR Approved 3 Chopal r 0.2 DPR Approved 4 Banjar 0.55 DPR Approved 5 Jawali Town 1.35 DPR submitted to Govt. and approval awaited.
6 Baijnath-Paprola 3.64 DPR submitted to Govt. and approval awaited.
7 Mehatpur-Zone- 3.14 DPR submitted to Govt. and
E &F Basdhera approval awaited.
8 Chirgaon 0.5 DPR submitted to Govt. and
approval awaited.
9 Shahpur Town 0.4 At DPR stage
10 Anni 0.55 At DPR stage
11 Nirmand 0.75 At DPR stage
12 Solan-Zone-1 1 At DPR stage
(Below Khundi
Dhar) near
Shamti
13 Solan-Dadhog 2.5 At DPR stage
14 Solan-Below 1.6 At DPR stage
Power house
15 Kandaghat 0.4 At DPR stage
16 Tahliwal 1 At DPR stage
17 Daulatpur 2 At DPR stage
18 Amb 1.9 At DPR stage
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15
19 Nerwa 0.95 At DPR stage
20 Bilaspur - below 5 At DPR stage (Under AFD)
.
Luxmi Narayan
Temple (STP-1)
21 Bilaspur - Lower 2 At DPR stage (Under AFD)
Lakhanpur (STP-
2)
22 Palampur 0.45 At DPR stage (Under AFD)
23 Karsog 0.9 At DPR stage (Under AFD)
24 Manali- Rangri 16.33 Tender for eligibility criteria for
sewerage network opened on
31.05.2022, but no bidder
received, hence tender has to be
recalled. (Under AFD)
25 Nahan-Zone-I 1 At DPR stage (Under AFD)
26 Nahan -Zone-II 2.5 At DPR stage (Under AFD)
27 Nahan-Zone -III 1.6 At DPR stage (Under AFD)
Therefore, as per the information with State Board as mentioned above, there are 63 number of places where Sewage Treatment Plants are operational in the State and at 48 number of places, Sewage Treatment Plants are required to be constructed/proposed or under construction".
4 An affidavit has been filed by the Principal Secretary (Health) in compliance to the order dated 14.6.2022.
It is relevant to reproduce paras 3, 4 and 5 of the affidavit, which read as under:-
3. That in respect to first direction it is submitted that at serial No. 10.1 of Road Map for effective management of biomedical waste was circulated by Himachal Pradesh Pollution Control Board, to the Department of Health and Family Welfare of Health Department has ::: Downloaded on - 29/12/2022 20:36:42 :::CIS 16 been assigned with the following responsibilities as continuous activities for effective management of .
biomedical waste.
(i) Grant and renewal, suspension or refusal, Cancellation or authorization under Rule 7, and 10: As per the action point given by the Himachal Pradesh Pollution Control board the health department has delegated the responsibility to All the Chief Medical Officers and all MSs of the state with the direction to submission of application in the prescribed format as per Form II as prescribed under Bio Medical Waste (Management) Rules, 2016 of all unauthorized Health Care Facilities under the Directorate Of Health Services for Bedded and Non Bedded Hospitals for which time line till of 31.06.2022 was granted. Status: as on today approximately 201 bedded and 2369 Non bedded hospitals are having authorization, which make authorization to an extent of 91.4%.
(ii) Setting up of liquid disinfection units for treatment of the liquid waste generated in hospital phase 1:340 units: As per the action point given by the Himachal Pradesh Pollution Control Board the health department has delegated the responsibility to All the Chief Medical Officers and All MSS of the state with the direction to ensure the installation of liquid waste treatment systems for treatment of chemical liquid waste phase 1:340 (Liquid waste Disinfection Unit) for which time line till 31.06.2022 was granted. Status: Liquid Waste Disinfection Units established
(iii) Installation and commission of Sewage Treatment Plant (STPs) phase:-1:17 As per the action point given by the Himachal Pradesh Pollution Control board the ::: Downloaded on - 29/12/2022 20:36:42 :::CIS 17 health department has delegated the responsibility to All the Chief Medical Officers and all MSs of the state .
with the direction to installation and commission of STPs of Sewage Treatment in the State for 70 health care facilities in the first Phase. (STPs)in bedded hospitals with bed capacity 10 and connection to the municipal sewage treatment plants wherever possible for which time line till 31.06.2022 was granted. Status:- STPs commissioned Civil work completed 62 hospitals. Construction of buildings in 8 sights installed plus commissioned in 49 buildings.
(iii) State Level Advisory Committee Meeting of Bio Medical Waste Management and submissions of Annual Report as per the action point given by the Himachal Pradesh Pollution Control board the health department has delegated the responsibility to Directorate of Health Services with the directions to coordinate the State Level Advisory Committee Meeting under the Chairmanship of Principal Secretary (Health) to the Government of Himachal Pradesh for which time line was fixed as per the schedule.
Status: The State Level Advisory Committee Meeting Principal under the Secretary Chairmanship (Health) to the Government of Himachal Pradesh was last held on 22-07-2022.
(iv) Monitoring of compliance of various provisions and conditions of Bio Medical Waste Management Rules, 2016 as per the action point given by the Himachal Pradesh Pollution Control board the health department has delegated the responsibility to District Monitoring Committee of Bio Medical Waste Management alongwith all CMOs and Medical Superintendents with ::: Downloaded on - 29/12/2022 20:36:42 :::CIS 18 the directions to conduct inspection to oversee the implementations of Bio Medical Waste Management .
Rules, 2016 regularly.
Status:- All Meetings in the concerned are being held regularly and reports being submitted to the Pollution Control Board.
(iv) Construction of Burial Pits in remote and rural areas where Common Bio Medical Waste Treatment Facility is not available as per the action point given by the Himachal Pradesh Pollution Control board the health department has delegated the responsibility to all the CMOs and MSs of the State with the directions that the burial pits in remote and rural area will be constructed in accordance to Biomedical Waste Management Rules and the applications in this regard will be submitted to State Pollution Control Board for authorization for which time line was fixed for 31-03- 2022.
Status: Online Application for this move to quarter concerned Funds released burial pits being constructed.
(v) Implementation of Bar Code as per the action point given by the Himachal Pradesh Pollution Control board the health department has delegated the responsibility to the Department of Health and Family Welfare alongwith all CMOs and MSs who will ensure the bar coding system is in place to handover biomedical waste to the common biomedical waste treatment facility on call basis and on contract with common biomedical waste treatment facility wherever, the waste generation quantity is less for which time line was fixed for 31-12- 2021.
::: Downloaded on - 29/12/2022 20:36:42 :::CIS 19Status: Bar coding done and biomedical waste handed over to Common Biomedical Waste Treatment Facility .
on call basis and construction done wherever possible.
(vi) Organizing Training Programmes to Staff of health care facilities on segregation, collection, storage, transportation, and pretreatment of biomedical wastes.
As per the action point given by the Himachal Pradesh Pollution Control board the health department has delegated the responsibility to the Department of Health and Family Welfare who will organize two State Level Training Programme to ensure implementation of the Biomedical Waste Management Rules, 2016 as amended for which time line was fixed for 31-12-2021.
Status:- Training organized at the State Level on 29-09- 2021 and 30-09-2021. State Level Webinar held on 11- 05-2021, 16-05-2021 and 22-05-2021.
4. That in respect to first direction it is again submitted that at serial No. 12.0 of Road Map for effective management of biomedical waste was also circulated by Himachal Pradesh Pollution Control Board, to the Directorate of Medical Services the report of which as per the Medical Colleges, are as follows:-
i. IGMC Shimla:- the Bio-Medical Waste is being transported from ward to central collection area after bar coding and weight of Bio-Medical Waste at each ward in dedicated color collect trolley and then it is transported to Common Bio-Medical Waste Treatment Facility by M/S Enviroengineers for final treatment & disposal as per the guidelines of Bio-Medical Waste. The general waste is carried out by MC Shimla for final disposal as per Solid Waste Rules.::: Downloaded on - 29/12/2022 20:36:42 :::CIS 20
ii. Dr. RPGMC, Tanda:- Agreement has been made with Surraksha Bio-Sanitizer and Municipal a Committee to .
carry segregated Biomedical Waste for its proper disposal and also to carry segregated non infectious waste for its disposal.
iii. Dr YSPGMC, Nahan:- (a) Bio Medical Waste collection vehicles by the authorized agency for disposal of Hospital waste to Common Bio Medical Waste Treatment Facility in regular compliance of waste disposal within 48 hours as per provisions of the act have been implemented.
(b) Liquid treatment plants have been installed in all the laboratories generating waste and disinfecting as per the quality control guidelines under BMW, Act.
(c) Appropriate MOU is in place with the local Municipal authorisation for collection and disposal of Solid Waste from HCF to the designated demarked site as per the prevention of the Act.
iv. SLBSGMC, Mandi at Nerchowk. The Bio Medical Waste carried out by M/s Enviro Engineers, and general Waste is being collected /transported to dump at dumping sites of Municipal Committee of Nerchowk Mandi by M/s Nuvision Commercial and Ensort Servies per guidelines Bio-Medical Waste Rules.
v. Dr. RKGMC Hamirpur:- The Bio medical waste of institution is carried out by M/s Suraksha Bio Sanitizer, and general waste carried out Municipal Committee Hamirpur per guidelines of Medical Waste Rules.
vi. Pt. JLNGMC Chamba:- The Bio medical waste of institution is carried out by M/s Suvidha Sanitation ::: Downloaded on - 29/12/2022 20:36:42 :::CIS 21 from different wards to defined Bio Medical Waste area, and general waste after segregation solid and liquid .
waste is carried out by Municipal Committee Chamba as per the guidelines of Medical Waste Rules. vii. H.P. Government Dental College Shimla:- The Bio medical waste of this institution is carried out by M/s Enviro Engineers, Shimla and general waste is carried out by Municipal Corporation Shimla as per the guidelines of Bio Medical Waste Rules.
5. That with regard to second direction, it is submitted that Health Department has not identified any dumping sites for the disposal of Bio- medical waste, however, the same is being collected and handled in a scientific manner and strictly in accordance with the Biomedical Waste Rules and the Common Biomedical Waste Treatment Facility from the different College and Institutions in the preceding paras.
5 The Director, Urban Development, has also filed its compliance affidavit and it is relevant to reproduce paras 3 to 6 thereof, which read as under:-
3.That in pursuance to Roadmap for compliance of Environmental Laws following steps by all the Urban Local Bodies constituted in the State are being initiated for Effective management of Solid Waste point wise details of the same are being given below:-
(i) The Urban Local Bodies of State are practicing source segregation of waste, which has been improved in the recent past. Regular Information Education and Communication (IEC) campaigns are being conducted ::: Downloaded on - 29/12/2022 20:36:42 :::CIS 22 to increase the segregation percentage in Urban Local Bodies.
.
(ii) Adequate facility for 100% Collection and Transportation of segregated solid waste has been provided by the Urban Local Bodies except newly constituted Nagar Panchayat Nerwa, District Shimla.
(iii) As per the assessment done by the replying Respondent Department in October, 2021 there are total sixteen sites remaining to be having legacy waste.
Out of these 16 sites, legacy waste clearing work has been out sourced to private agencies in 5 Urban Local Bodies having large quantity of legacy waste namely Dharamshala, Mandi, Kullu, Manali and Solan. The clearing of sites in remaining Urban Local Bodies is being done by Urban Local Bodies itself through deploying labour at these sites. In these Urban Local Bodies, all legacy waste sites are planned to be cleared before March, 2024. However till date Sunder Nagar and other 12 small Legacy Waste Sites have been cleared.
That Road Map for Effective Management of Plastic Waste are being implemented by the Urban Local Bodies in the State of Himachal Pradesh as per action points detailed below in tabulated form:-
S Action Points Status
N
(i) 100% collection, Plastic waste is collected
segregation, alongwith the daily solid waste
transportation generated in the Urban Local
and disposal. Bodies through door-to-door
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23
garbage collection. The door-to-
door garbage collection has
.
started in 60 Urban Local Bodies
out of 61.
(ii) Littering at Clearing of littering hotspots is
tourist spots, done regularly in the Urban Local
roadside Bodies and Urban Local Bodies
hotspots, river eliminate littering hotspots by
stretches etc. installation of dustbins at these
places.
(iii) Consideration of Being done through Department
economic of Environment, Science &
incentives for Technology, Himachal Pradesh.
encouraging use
r of alternative
carry bags and
establishment of
plastic waste
recycling
facilities.
(iv) Effective Plastic Waste Buy-Back policy is
implementation being implemented in all Urban
Buy-Back Local Bodies, till date 220 Ton
Policy. Plastic has been purchased under
the policy.
(v) To provide The Urban Local Bodies at
Refuse Derived present are sending their dry
Fuel (RDF) and segregated combustible fraction of
its co- waste after making bales of same,
processing to the cement plants for co-
through Cement processing. Department of Urban
plants. Development has signed
Memorandum of understanding
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24
with all the cement plants in
State and Urban Local Bodies are
.
mapped with these plants for
sending their segregated
combustible fraction waste for co-
processing. Further, shredders are also being provided to the Urban Local Bodies to produce quality Refuse Derived Fuel so that it can be marketed on commercial lines. Till date 21000 tons waste material has been provided to the Cement Plant for Co- processing.
(vi) To regulate The ban of plastic items is usage of regulated under Himachal banned/prohibit Pradesh Non-biodegradable ed items like Garbage Control Act, 1995 and plastics carry Himachal Pradesh Municipal Act, bags, plastic 1994 respectively. cutlery items.
That Road Map for Effective Disposal/Management of Construction and Demolition Waste are being executed in the State through the Urban Local Bodies constituted in the State of Himachal Pradesh as per TF action points detailed below in tabulated form:-
::: Downloaded on - 29/12/2022 20:36:42 :::CIS 25 S. Action Points Status
N.
.
(i) Designated dumping Dumping sites have been
sites for construction designated in all Urban Local
and demolition (C&D) Bodies for disposal of
waste in each Urban construction and demolition
Local Bodies. waste.
(ii) Setup collection centers. Collection centers opening is
yet to be finalized.
(iii) Awareness activities. Regular Information
Education and
Communication activities are
conducted in all Urban Local
Bodies under Swachh Bharat
r Mission.
(iv) Strict enforcement of Action against defaulters is
rules/ Action against taken by Urban Local laws.
defaulters. Bodies under Himachal
Pradesh Municipal
Corporation Act, 1994 and
Himachal Municipal Act,
Pradesh 1994 respectively.
However in exercise of
powers contained ibid Acts.
Some Municipality has
initiated action against 6
violators/defaulters by way
of challan in which
amounting to Rs.11,000/-
(Rs. Eleven thousand) has
been collected by imposing
fine upon aforesaid
defaulters.
::: Downloaded on - 29/12/2022 20:36:42 :::CIS
26
(v) Considering Construction and demolition
incentivizing setting up waste plant is being setup at
.
of construction and Baddi- Nalagarh region for
demolition Waste which funding is being
Management/Recycling secured under Swachh
Plant in the State. Bharat Mission-Urban 2.0.
Action Plan for same has
been prepared and being
sent to Govt. of India for
funding.
(vi) Proper monitoring Director, Urban Development
mechanism for Department has recently
generation, collection, developed a comprehensive
disposal of construction Waste Solid Management
and demolition waste Monitoring Format. This
shall be formulated. format has been circulated
amongst all Urban Local
Bodies Constituted in the
State with the direction to
submit report monthly basis
on ibid format.
6. That as per information collected from the various Urban Local Bodies in the State, 39 out of 61 Urban Local Bodies have land parcel available in their name where Waste processing facilities have been developed by them. List of the same alongwith list of such Urban Local Bodies where land parcel is not transferred in the name of Urban Local Bodies/ Urban Development Department are placed at Annexure R-2/1and R-2/2. (Colly). However, in these left out Urban Local Bodies ::: Downloaded on - 29/12/2022 20:36:42 :::CIS 27 they have also been made available temporarily land parcel for daily waste processing/ disposal.
.
6 Likewise, the interveners, who have been permitted to intervene in the matter, vide order of the day in CMP No. 4182/2022, have collected the information on various aspects of solid waste management and the manner, in which these are being implemented in the State of Himachal Pradesh including implementation thereof, has been mentioned in the application which reads as under:-
A. Solid Waste not being disposed in accordance with the rules:
I. Shimla Himachal Pradesh is best urbanized state of India with 59 urban agglomerations reported by census operation (2011). Waste Quantities arising in Himachal Pradesh is less than other metropolitan cities, but a small quantity of waste in fragile ecosystem may lead to serious health problems.
The Municipal Solid Waste (Management and Handling) Rules, 2000 entrusted Shimla ULB to establish proper ecosystem.
Shimla has successfully banned usage of plastic. Door
- to - Door garbage collection has been enacted by bye laws in 2006 and community bins have been placed. The waste is collected, transported and treated.
::: Downloaded on - 29/12/2022 20:36:42 :::CIS 28Shimla recycled waste to energy and came up with waste reduction strategies. Greening the waste sector .
generates substantial economic, environmental and social benefits.
However still there are issues in handling biodegradable waste which is required to converted into compost or energy. Similarly, non-biodegradable waste is also not being recycled.
II. Solid waste in Himachal's industrial hub, Baddi Baddi town, Himachal Pradesh's biggest industrial hub, has been dumping municipal waste in Kenduwal village that has become a potential health hazard. Local Villagers have been petitioning several authorities for stopping the dumping. Now, the Baddi-Barotiwala Nalagarh Development Authority, instead of cleaning up and ensuring scientific disposal of the garbage is covering the dump with mud.
The BBNDA has proposed Rs. 970 Crore integrated solid waste management facility in the area and got a clearance for the plant. But for it no move to set up the plant and dumping the garbage in violation of the solid waste management guidelines 2016 as well as environment clearance conditions. The BBNDA in a statement said it has finally identified a company in Ludhiana for setting up the solid waste management facility. The plant has already been setup.
Waste Management in Baddi:
The claim of the door-to-door collection of waste in twin industrial towns of Baddi and Nalagarh being made by the local civics authorities, the large scale waste ::: Downloaded on - 29/12/2022 20:36:42 :::CIS 29 dumping on various roads, including the highway, expose the poor garbage collection system. Sai road .
which is major activity Centre of Baddi, is littered with plastic and other waste and it appears little has been done to curtail the practice of dumping waste in open. The situation on Baddi-Nalagarh Highway is no better.
In a bid to ensure that people do not throw waste in the open, CCTV cameras were supposed to be installed at dumping sites and garbage collection vans were to be GPS enabled.
III.
Waste management in Kangra Most of the urban bodies in the district do not have solid waste dumpsites and as a results littering in towns is rampant and garbage is even being dumped in natural streams or on hillsides. The Dharamshala Municipal Corporation is the civic body in Kangra and second in the state after Shimla that has a waste dumping sites located on forestland at Sunder Village. The waste being dumped there is not treated. Residents of sunder village say that untreated waste is polluting (waste) water resources and causing diseases in their village.
The Kangra Municipal council has also a dumpsite. However, solid waste being dumped there is not segregated and treated. The residents of villages located in municipal areas say that the biodegradable waste produces a nauseating stench making lives difficult. Nagrota Bogwan municipal council too does not have a garbage dumping site. Most of the waste being generated in the town in littered along road and on streets.::: Downloaded on - 29/12/2022 20:36:42 :::CIS 30
Garbage being generated in Palampur Municipal council jurisdiction is being dumped in the earmarked .
site in the Khalet Panchayat area. However now residents of Khalet village are opposing garbage dumping in their area.
The Distt administration has recently transferred land for waste dumping in Nurpur and Baijnath towns but solid waste management still remain a distant dream. The council also does not have enough resources to set up waste management projects and they look up to the State Govt. for help.
IV. SOLAN Waste collection and storage are the main functional elements for solid waste system. Solan Distt. lacks a proper storage system for waste. The waste collecting bins for containers are placed nearby to the residential and commercial areas. The residents are found to throw waste outside these bins which create unsanitary condition around the areas.
Removal of garbage is a very important aspect of solid waste management and method of transportation is vital. In Solan Distt waste is collected from the bins placed at the nearby places and then transported to the disposal site.
For transportation purpose the Municipal Corporation of Solan has collaborated with a few private agencies for the vehicles. The vehicles are called as tippers. The trucks used for transportation of Municipal solid waste are generally open and usually kept uncovered. Waste tends to spill on the road resulting in unhygienic conditions.::: Downloaded on - 29/12/2022 20:36:42 :::CIS 31
Current practice-Municipal Corporation of Solan is taking steps to convert the open dumping site into the .
sanitary landfill. Efforts have been made to cop area of landfill. Treatment and gas extraction plants and monitoring are also planned.
V. Himachal Pradesh Municipal solid waste management (MSWM) strategy The objective was to create waste free cities/Towns and provide clean and pollution free environment. A system of collection, segregation and recycling was laid down. Community participation has been considered a must along with policy of polluters must pay. The strategy mentions the task to perform by volunteer's alongwith the need of funds.
VI. Action plan for implementation of solid and liquid waste management in Gram panchayat of Himachal Pradesh Firstly, the magnitude of waste was assessed, then agencies were setup for SLWM. Education and communication and capacity building programs were started. Technology options at Panchayat level were given.
Panchayats imposed sanitation free policy as waste was collected on daily basis. Stakeholders were made aware about the need for segregation of waste. The Pradhan assisted agencies by providing legal and financial help.
However implementation of Rules on ground is far from good.
Kinnaur The machine in Reckong Peo for disposal and recycling of biodegradable and non-biodegradable waste was installed using funds of 1 crore rupees. It has been a ::: Downloaded on - 29/12/2022 20:36:42 :::CIS 32 long time that the machine has been installed but is still not functioning. The authorities has always failed .
to answer about the nonfunctioning of the machine.
The installation of machine costed 50 lakh from JSW's CSR and 50 lakh from Lada has been paid. The garbage collected is thrown on the banks of river Satluj this is affecting the tourist attraction spots as well.
(B) Some examples of good management:
i) Indore Under the Swatch Bharat mission launched by Govt of India a mass movement was started. In urban areas the focus was on building open defecation free(ODF)towns.
The door to door service was started in Jan 2016 as a project in two of the 84 Wards in the city. In almost one year through commendable collaboration and efforts they achieved segregation of waste at its household and commercial units. Citizens have played an important role in making city neat and clean. The plastic waste is disposed off in two methods:-
1. Sold to cement plant
2. Used for construction of roads.
Contract with company from Kuwait provided high end machines used for cleaning. The machine has sturdy vacuum station and strong brushes. The swachtha story of Indore is a transformation through community participation.
ii )Lahaul and Spiti Deputy CommissionerLahaul and Spiti introduced solid waste Management as a topic in curriculum of Govt ::: Downloaded on - 29/12/2022 20:36:42 :::CIS 33 primary school at Keylong, as students can play a vital role in making their parents and neighbors aware.
.
People in Keylong use liquid waste as fertilizer in their agricultural fields. For solid waste management they have signed MOU with IIT Delhi and system of waste Management will be implemented.
Keylong valley has a readymade system of segregation at home. Entire wet waste has been going to field and solid waste is kept separate. The District wants to create a mechanism for Garbage Management to check littering and ensure cleanliness.
iii) Srinagar and Jammu Srinagar municipal body plans to used a chunk of the city plastic waste and turn into fuel. India generates more than 15300 tons of plastic waste every day, of which 9000 tonnes was recycled and the rest dumped in landfills.
Municipal Corporation across India are trying to adopt other measures of dealing with plastic waste such as converting them into fuel or using them for road construction. Srinagar municipal corporation is the latest among whom municipal corporations planning to use fuel from plastic waste to tackle the cities plastic problem.
The SMC held a meeting where the commissioner Mr. Riyaz Ahmed Wani discussed the possibility of turning 20% of Srinagar total waste collection to fuel for use in cement industries.
As per the central pollution control Board report on assessment and characterization of plastic waster in cities, Srinagar generates around 51 metric tonnes of ::: Downloaded on - 29/12/2022 20:36:42 :::CIS 34 plastic waste daily, The cities sole waste recycling plant is not enough to handle the amount of plastic .
waste generated daily.
Conversion of plastic to fuel is already being implemented by some urban municipalities. East Delhi municipal corporation recently launched a pilot project to convert plastic waste into fuel. Goa has also built to plants to convert plastic waste to fuel and use it for other purposes.
Environmentalist in Jammu creates vertical gardens using plastic bottles:
In an attempt to reduce environmental pollution using waste Management, environmentalist Dr. Nazia Rasool Latizi has being to create vertical gardens in Jammu using plastic bottles.
This method of gardening would send the message of resource construction, waste management and encourage eco friendly attitude among the students.
(iv) Dharamshala Dharamshala city became the first in India to install sensor based under ground bins:
Dharamshala has become the first city in India to have installed sensor based underground bins. The Dharamshala Municipal Corporation has initiated the project of placing of locations in the City, to tackle issues like garbage overflow, littering and animals getting sick from eating the littered garbage. Moreover these bins will also prevent the waste from hazardous liquid material that leaks from waste and seeps through the soil to contaminate ground water.::: Downloaded on - 29/12/2022 20:36:42 :::CIS 35
(v) Revolutionary ways adopted by 5 different countries
1) Columbia .
Columbia came up with the idea of ECOBOT ECOBOT is basically reverse vending machine located in shopping Malls, Public places, institutions to encourage recycling bottles. Every time you deposit a plastic bottle you receive a coupon offered from restaurants or movie tickets or shopping dollars. The plastic collected is sent to recycling plant instead of landfills.
(2) Indonesia Doctor Gemala Albinsaid, a health care entrepreneur and CEO of health company created garbage clinical insurance which let people trade garbage for medical services and medicines. The scheme aims to tackle both poverty and waste in Indonesia. (3) Sweden Sweden has run out of trash. Thirty two waste management plants in Sweden produce heat for Swedish households and electricity for private houses. All energy generated by burning waste provide heat to homes in freezing Swedish winters. (4) Uganda Artist and environmentalist Rugazu Bruno created amusement park in slums built entirely by waste.
(5) Singapore Singapore first offshore landfill that is a bio-diversity hotspot now.
(C) Technological innovations:
IIT Mandi ::: Downloaded on - 29/12/2022 20:36:42 :::CIS 36
(i) Since in Himachal Pradesh plastic is banned, IIT Mandi campus is trying to avoid the use of plastic. The .
plastic wrappers of snacks and parcels are segregated separately in a non-biodegradable blue bin. Thus, they have developed a hygienic, eco-friendly system of solid waste disposal in the campus.
They even installed a sewage treatment plant in the campus for the recycling and conservation of sewage water, waste water from the entire campus including all the buildings, offices, classrooms, labs, canteen, hotels and residential quarters. The waste water after recycling and treatment in the STP is discharged in to the creeks and rivers
ii) Aaima Panchayat Palampur:
A small Himalayan town panchayat Aaima has its own modern garbage treatment park. Around 800 garbage collector's volunteers from NGO go door to door to collect waste. Mr. Sanjeev Rana learnt Israeli technology on waste disposal that was demonstrated at the seminar. The plant treated all kind of waste, even plastic waste. There is a technology available to make bricks. Panchayat invested 50 lacs to set up the advanced plant.
The treatment plant faces closure:
The treatment plant likely to free shut down due to conflict with municipal council. Aaima Panchayat was not accepting garbage sent by municipal council to its plant without segregation.
NGO starts clearning Neugal in Palampur ::: Downloaded on - 29/12/2022 20:36:42 :::CIS 37 Ngo Environment Healers has started a campaign to clean the Neugal river and Saurabh Van Vihar in .
palampurover 40 members have collected tons of waste including wrappers and bottles littered by tourists. Palampur MC is also dumping waste in the river due to absence of garbage segregation facility. Over 100 drinking water supply schemes are dependent on the Neugal, over past few years tons of plastic has been seen on river bed. Local MLA on request of NGO visited the riverbed and assured people for installation of barricades that would restrict entry of people. Palampur MC dumping garbage in village Residents of Awarana village protested over dumping of garbage near village by the Municipal Corporation.
Villagers called the commissioner and requested him to shift the garbage dunp as it led to rise in pulmonary diseases. Villagers said instead of timely processing the MC has been resorting to short cut methods .All the three garbage treatment plants of the MC at Aima , Ghuggar and Khalet has been dysfunctional from past four months .Therefore MC has been dumping waste on the bank of Neugal river. No steps have been initiated for the recommissioning of garbage treatment plant.
Ashish Butail local MLA said he was well versed with the issue being faced by villagers and efforts are on way to solve the problem. He mentioned that MC has decided to spend Rs. 1 crore for procuring the latest equipment for the treatment plant. He said though the state government had created an MC at Palampur but it had failed to provide necessary infrastructure or technical staff and manpower. It was a difficult task to manage the affairs in the absence pf manpower.::: Downloaded on - 29/12/2022 20:36:42 :::CIS 38
iii) Bengaluru:
.
Waste Management: Bengaluru students design a smart solution for over flowing garbage bins:
Four Bengaluru students have devised a smart bin model that uses internet of things (IOT) interface. The smart bin has to be connected to an app which has also been developed by the team whenever a bin gets full, a notification is sent to the driver or the one who manages that particular bin. This notification will act as an alert point for the driver to come and empty the bin thus preventing the garbage from over flowing.
D) Techniques of waste Management:
i) Compost for agricultural purpose:
In 2016 the Govt of India launched a policy for city waste Management. The policy was simple yet innovative to convert the organic kitchen waste in to manure for farmers. However, the project seems to be falling out of place with little progress. India tops the world chart for producing the maximum waste. Every day 1.3 billion people produced about 1.5 lacs ton of solid waste. With 25% of global food production India is the largest food producer in the world and consume about 27% of agricultural produce.
Report suggest that developing country like India produce more wet organic waste. Considering this, the country has the capability to open up more scope for turning waste in to manure.
Under the Government policy on promotion of city compost, that was approved in 2016, the fertilizer companies would be assisted with market development ::: Downloaded on - 29/12/2022 20:36:42 :::CIS 39 assistance funds to create a market for the farmers to use the city compost.
.
This arrangement should have increased the demand for the product. However, companies complain that manure has not been able to attract farmers much or compete with the chemical fertilizer market.
Lack of funds, support and rich technology:
Since the launch of scheme in 2016 the govt has been able to release only 33.4% of the allocated MDA. This decreases the interest for the fertilizer companies to invest in the production of manure. The govt has to step in a support the market while creating a demand from the farmers to use the manure. Kitchen waste is to be converted in to manure for agriculture use, proper technology and treatment is required. If not properly treated with technology, the kitchen waste might act against agriculture.
ii) Sustainable plastic waste management:
Sustainable plastic waste management plan was launched by the govt of Himachal Pradesh in 2009 to established environment friendly plastic waste disposal solution. It seekedon ban of plastic bags. In this plan 142 tons of polythene was collected for road construction. Another initiative was to install water purifiers at tourist points to avoid plastic water bottles.
Community interest was of paramount importance and the impact was cleaner environment and use of plastic for road construction. The project was initiated throughout Himachal without any financial provisions ::: Downloaded on - 29/12/2022 20:36:42 :::CIS 40 which are an indication of its financial viability and replicability.
.
iii) Writ Petition: In the writ for People for Responsible Governance versus Union of India and others filed this Hon'ble High Court of Himachal Pradesh. The writ was to adopt the process to use plastic in construction of roads in the state. The technology was developed and technical training was to be imparted to various departments. Although Himachal Pradesh has banned use of plastic but there are various other sources of plastic generation such as wrappers, plasticcups, plates collected by Urban Development Authority which can be used for road construction. Many roads have already been constructed during the period of 2009 to 2012, in stretch of 170 km using plastic waste.
iv) Modern waste management techniques Biological reprocessing: Helps to speed up natural decomposition of Organic matter. Methane that comes out is used for producing and electricity.
Dump in sanitary landfill: Set up involves a well- designed engineering method to ensure environment is protected.
Composting: A natural process to break down organic waste into rich manure.
Bio mediation: an eco-friendly and cost-effective way to make environment free of pollution Thermal treatment: Incineration. This process converts waste material into gas, ash and heat. The modern incineration has a computerized monitoring system.
::: Downloaded on - 29/12/2022 20:36:42 :::CIS 41Plasma Glasification: This process of waste management highly ionized or electrically changed .
gases called plasma.
River treatment and rehabilitation. Some proven ways to treat polluted or contaminated water Industrial treatment: A technically advanced water treatment plant can be helpful to use water for numerous purposes.
Denitrification: It is used to eliminate nitrogen elements from sewage and municipal wastewater.
Ozone waste water treatment: In this method pollutants and chemicals in water are broken down by an ozone generator.
Septic tanks: They are usually employed to treat the sewage waste at various places or locations instead of treating that in any plant.
E.) HIMACHAL PRADESH MUNICIPALITIES
1. That there are 29 Municipal Councils and 5 Municipal Corporations in state of Himachal Pradesh.
2. That the applicants submitted applications dated 24/07/2021 under Right to Information Act ,2005 to all municipal council and corporation asking for information with respect to implementation of solid waste management rules. 3. That till date only 12 replies have been received from the municipal council/corporation which are being discussed as follows:
A.) Municipal council Bilaspur The information received from municipal council Bilaspur shows:::: Downloaded on - 29/12/2022 20:36:42 :::CIS 42
1.) That no compost is being produced from biodegradable waste.
.
2.) No technology has been provided for conversion of biodegradable waste into energy or compost.
3.) The biodegradable is not being converted into energy or gas.
4.) No technology has been provided for conversion of biodegradable waste into energy.
5.) Non-biodegradable waste is not being recycled.
6.) No technology has been provided for recycling non-
biodegradable waste.
B) Municipal council Theog The information received from municipal council shows that:
1.) That compost formation for biodegradable waste is under process as compost formation requires time due to cold temperature of Theog.
2.) That the technology has been provided for speeding process of composting of bio degradable waste.A chemical called Biozap (rapid waste decomposer) has been provided by Directorate of Urban Development.
3.) That no technology has been provided for conversion of biodegradable waste into energy.
4.) That the non-biodegradable waste is being recycled.
The waste is segregated at source and dry plastic is sent to Ambuja Cement Factory to be used as fuel; 5.16 MT.
C) Municipal council UNA The information received form municipal council shows that:
::: Downloaded on - 29/12/2022 20:36:42 :::CIS 431.) That no compost is being produced from biodegradable waste.
.
2.) No technology has been provided for conversion of biodegradable waste into energy or compost.
3.) The biodegradable is not being converted into energy or gas.
4.) No technology has been provided for conversion of biodegradable waste into energy.
5.) Non-biodegradable waste is not being recycled.
6.) No technology has been provided for recycling non-
biodegradable waste D) Municipal council DEHRA, Distt. Kangra The information received from municipal council shows that:
1.) That no land is available to produce compost from biodegradable waste in the ownership of municipal council Dehra. For purchase of land case has submitted in Director MCD.
2.) No technology has been provided for conversion of biodegradable waste into energy or compost.
3.) The biodegradable is not being converted into energy or gas.
4.) No technology has been provided for conversion of biodegradable waste into energy.
5.) Recyclable non-biodegradable waste is picked up by the registered rag pickers of municipal council at their own level and sent for recycling.
6.) No technology has been provided for recycling non-
biodegradable waste.
E.) Municipal council Parwanoo ::: Downloaded on - 29/12/2022 20:36:42 :::CIS 44 That the information received from municipal council shows that:
.
1.) That waste is being collected and managed by M/S JBR under cluster-based approach at their SWM processing site located at village Kenduwal, Baddi.
2.) That the desired information has not been provided by MC Parwanoo as the waste management process has been handed over to a private plant M/S JBR F.) Municipal council MANALI District Kullu The information received from municipal council shows that:
1.) That the desired information has not been provided by municipal council Manali.
G.) Municipal council Ghumarwin District Bilaspur The information received from municipal council shows that:
1.) That the desirable information has not provided regarding the recycling of biodegradable waste by the said municipal council.
2.) That bailing machine has been provided for the recycling of non-biodegradable waste.
H.) Municipal corporation Mandi The information received from municipal corporation shows that:
1.) That pits were made by the Forest Department in Kangi for production of compost from biodegradable waste but the data is not prepared as to the quantity of compost produced.::: Downloaded on - 29/12/2022 20:36:42 :::CIS 45
2.) No technology has been provided for conversion of biodegradable waste into energy.
.
3.) That non-biodegradable waste has not been recycled. Municipal corporation mandi has send
3.04MT quantity of RDF to A.C.C. Barmana.
4.) Bailing machine is available for recycling the non-
biodegradable waste material.
I.) Municipal council Sunder Nagar District Mandi The information received from municipal council shows that:
1.) That no compost is being produced from biodegradable waste.
2.) No technology has been provided for conversion of biodegradable waste into energy or compost.
3.) The biodegradable is not being converted into energy or gas.
4.) No technology has been provided for conversion of biodegradable waste into energy.
5.) Non-biodegradable waste is not being recycled but sent to ACC Barmana.
6.) No technology has been provided for recycling non-
biodegradable waste.
J.) Municipal council Sh. Naina Devi Ji District Bilaspur The information received from municipal council shows that:
1.) That infrastructure for composting was provided butthe compost production lines has not started yet.::: Downloaded on - 29/12/2022 20:36:42 :::CIS 46
2.) That organic waste convertors have also been provided by UD department but they are also not .
functional.
3.) Non-biodegradable waste is not being recycled.
4.) No technology has been provided for recycling non-
biodegradable waste.
K.) Municipal council Rohru District Shimla The information received from municipal council shows that:
That no adequate information has been provided by municipal council Rohru.
L.) Municipal council Mehatpur -Basdehra District Una The information received from municipal council shows that:
1.) That no compost is being produced from biodegradable waste yet. Batteries have been constructed and may start shortly.
2. No technology has been provided for conversion of biodegradable waste into energy or compost.
3. UD Department has provided technology for conversion of biodegradable waste into compost.
4. The biodegradable waste is not being converted into energy or gas.
5.) No technology has been provided for conversion of biodegradable waste into energy.
6.) Non-biodegradable waste is not being recycled the single use polythene are being sent to cement factory Bagga.
7.) That no technology has been provided for recycling the non-biodegradable waste material.::: Downloaded on - 29/12/2022 20:36:42 :::CIS 47
M.) Municipal Council Dalhousie .
The information received from municipal council shows that:
1.) That the municipal council has produced compost from bio degradable waste and 50 kg of compost has been produced. The compost is used in parks and flower beds.
2.) No technology has been provided for conversion of biodegradable waste into energy or compost.
3.) The biodegradable is not being converted into energy or gas.
4.) No technology has been provided for conversion of biodegradable waste into energy.
5.) Non-biodegradable waste is not being recycled.
7.) That no technology has been provided for recycling the non-biodegradable waste material.
N.) Municipal council Kullu District Kullu The information received from municipal council shows that:
1.) That compost is being produced for biodegradable waste.
2.) That technology has been provided to municipal council for the conversion of biodegradable waste into compost .
3.) No technology has been provided for conversion of biodegradable waste into energy or compost.
4.) The biodegradable is not being converted into energy or gas.
5.) No technology has been provided for conversion of biodegradable waste into energy.::: Downloaded on - 29/12/2022 20:36:42 :::CIS 48
6.) Non-biodegradable waste is not being recycled. MC Kullu sends its non-biodegradable waste to energy .
plant Manali
7.) That no technology has been provided for recycling the non-biodegradable waste material.
O.) Municipal Council Sujanpur District Hamirpur The information received from municipal council shows that:
1.) That municipal council produces compost from biodegradable waste and 80kg has been produced yet.
2.) That honeycomb composting pits have been rconstructed for decomposition of wet waste.
3.) No technology has been provided for conversion of biodegradable waste into energy or compost.
4.) The biodegradable is not being converted into energy or gas.
5.) No technology has been provided for conversion of biodegradable waste into energy.
6.) Non-biodegradable waste is not being recycled. The waste is being sent to Ultratech Cement plant as Reserved Derived Fuel.
7.) That no technology has been provided for recycling the non-biodegradable waste material.
P.) Municipal Council Hamirpur District Hamirpur The information received from municipal council shows that:
1.) That the municipal council produces compost from biodegradable waste. 5tons have been produced ::: Downloaded on - 29/12/2022 20:36:42 :::CIS 49 and total compost sold is 1345kg for 6725/-
rupees.
.
2.) OWC machine and 74 Nos composting pits are used to convert wet waste into organic waste.
3.) That dry waste us sent to Ultratech cement plant Bagha and Shuddh sustainable pvt. Ltd.
4.) RDF Bundle are made using bailing machine and for wet waste OWC machine has been provided.
5.) That non-biodegradable waste is not being recycled but the waste is sent to Ultratech cement plant and used in furnace as fuel.
Q.) Municipal council Kangra District Kangra The information received from municipal council shows that:
1.) That municipal council produces compost from biodegradable waste and 310 kg has been produced yet.
2.) That compost is used in MC park and garden and rest is stored in SWM site. Biodegradable waste is converted through Organic Waste Composting Machine.
3.) No technology has been provided for conversion of biodegradable waste into energy or compost.
4.) The biodegradable is not being converted into energy or gas.
5.) No technology has been provided for conversion of biodegradable waste into energy.
6.) Non-biodegradable waste is not being recycled.
7.) That no technology has been provided for recycling the non-biodegradable waste material.::: Downloaded on - 29/12/2022 20:36:42 :::CIS 50
R.) Municipal Council Nagrota Bagwan District Kangra The information received from municipal council shows .
that:
1.) That no compost is being produced for biodegradable waste.
2.) That no technology has been provided to municipal council for the conversion of biodegradable waste into compost.
3.) No technology has been provided for conversion of biodegradable waste into energy or compost.
4.) The biodegradable is not being converted into energy or gas.
5.) No technology has been provided for conversion of biodegradable waste into energy.
6.) Non-biodegradable waste is not being recycled.
7.) That no technology has been provided for recycling the non-biodegradable waste material.
S.) Municipal Council Chamba District Chamba The information received from municipal council shows that:
1.) That no compost is being produced for biodegradable waste.
2.) That no technology has been provided to municipal council for the conversion of biodegradable waste into compost .
3.) No technology has been provided for conversion of biodegradable waste into energy or compost.
4.) The biodegradable is not being converted into energy or gas.::: Downloaded on - 29/12/2022 20:36:42 :::CIS 51
5.) No technology has been provided for conversion of biodegradable waste into energy.
.
6.) Non-biodegradable waste is not being recycled.
7.) That no technology has been provided for recycling the non-biodegradable waste material.
T.) Municipal Council Chamba District Chamba The information received from municipal council shows that:
1.) That no compost is being produced for biodegradable waste.
2.) That no technology has been provided to municipal council for the conversion of biodegradable waste into compost .
3.) No technology has been provided for conversion of biodegradable waste into energy or compost.
4.) The biodegradable is not being converted into energy or gas.
5.) No technology has been provided for conversion of biodegradable waste into energy.
6.) Non-biodegradable waste is not being recycled.
7.) That no technology has been provided for recycling the non-biodegradable waste material.
U.) Municipal Council Sarkagaht District Mandi The information received from municipal council shows that:
1.) That no compost is being produced for biodegradable waste.
2.) That no technology has been provided to municipal council for the conversion of biodegradable waste into compost .::: Downloaded on - 29/12/2022 20:36:42 :::CIS 52
3.) No technology has been provided for conversion of biodegradable waste into energy or compost.
.
4.) The biodegradable is not being converted into energy or gas.
5.) No technology has been provided for conversion of biodegradable waste into energy.
6.) Non-biodegradable waste is not being recycled.
7.) That no technology has been provided for recycling the non-biodegradable waste material.
V.) Municipal corporation Palampur The information received from municipal council shows that:
1.) That compost is being produced for biodegradable waste. Till date 19.5 tons has been produced.
2.) That technology has been provided to municipal council for the conversion of biodegradable waste into compost .
3.) Technology has been provided for conversion of biodegradable waste into energy or compost.Misca smart express composting machine has been provided.
4.) The biodegradable is not being converted into energy or gas.
5.) No technology has been provided for conversion of biodegradable waste into energy.
6.) Non-biodegradable waste is not being recycled.
7.) That no technology has been provided for recycling the non-biodegradable waste material.
7 Looking into the seriousness of these issues, let fresh status report(s) be filed by all the respondents through ::: Downloaded on - 29/12/2022 20:36:42 :::CIS 53 their respective Project Officers on or before the next date of hearing. The Project Officer(s) of all the respondents is directed .
to coordinate with all the respondents and thereafter file a collective affidavit touching upon all the issues as have been noticed in this order.
List on 7.1.2023.
(Tarlok Singh Chauhan) Judge (Virender Singh) Judge 26.12.2022 (pankaj) ::: Downloaded on - 29/12/2022 20:36:42 :::CIS