Himachal Pradesh High Court
________________________________________________________________ vs State Of H.P. And Others on 4 September, 2018
Bench: Sanjay Karol, Ajay Mohan Goel
1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWPIL No.: 21 of 2018 Date of Decision: 04.09.2018 ________________________________________________________________ Court on its own motion .....Petitioner.
.
Vs. State of H.P. and others .....Respondents.
Coram:
The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice The Hon'ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner: Mr. Vinod Chauhan, Advocate, as Amicus Curiae.
For the respondents: Mr. Ashok Sharma, Advocate General, with Mr. Ajay Vaidya, Senior Additional r Advocate General and M/s Ranjan Sharma, Ritta Goswami and Nand Lal Thakur, Additional Advocates General for the respodnentState.
Mr. Tara Singh Chauhan, Advocate, for the respondentPollution Control Board.
Ms. Poonam Gehlot, Advocate.
Sanjay Karol, Acting Chief Justice (Oral):
On 11th January, 2018, we had, inter alia, passed the following order:
"Letter petitioner has highlighted the non availability of municipal solid waste at Dharampur, Kumarhatti, Jabli, Barog and Garkhal. Also it is pointed out that the same is being dumped by the residents near Government Senior Secondary School, Dharampur, which has caused nuisance. As such, we implead H.P. State Pollution Control Board, Shimla through its Chairman as party respondent No. 6. Registry is 1 Whether the reporters of the local papers may be allowed to see the Judgment?::: Downloaded on - 05/09/2018 23:01:36 :::HCHP 2
directed to carry out necessary corrections in the memo of parties."
2. On 12th March, 2018, we had passed the following .
order:
"On the basis of a letter petition, this Court taking suo motu cognizance, issued notice. Letter petitioners are residents of village Sihardi Musalmana (Dharampur), Kumarhatti, Tehsil Kasauli, District Solan, H.P. In crux, have raised three issues, (a) illegal allotment of land to 35 families; (b) illegal allotment of land in favour of Radha Soami Society; (c) illegal dumping of municipal solid waste in an open area. This in the absence of an identified dumping site catering to villages Jabli, Badog, Garkhal and Kumarhatti. At present Municipal solid waste is being dumped at a place in close proximity of a school at Dharampur.
In so far as the allotment of land to 35 families is concerned, the Deputy Commissioner, Solan, vide its affidavit dated 12 th March, 2018, in para 4, has pleaded that land stands allotted to the landless persons and such allotment is strictly in consonance with law. We do not express any opinion with regard thereto and leave the issue open, reserving liberty to the villagers to agitate the same in an appropriate proceeding, in accordance with law, for we find such action to have been taken by the government way back in the year 2014.
In so far as the issue of allotment of land measuring 1019 bighas, situate in village ::: Downloaded on - 05/09/2018 23:01:36 :::HCHP 3 Sihardi Musalamana to Radha Soami Society is concerned, again we do not express any opinion with regard thereto and leave the issue open, reserving liberty to the villagers/any person .
aggrieved to agitate the same in an appropriate proceeding and before appropriate forum, in accordance with law, for we find such action of the State to have been taken way back in the year 2001.
In so far as the issue of dumping of municipal solid waste is concerned, both the Deputy Commissioner as well as Senior Environmental Engineer, Himachal Pradesh State Pollution Control Board admitted the factum of (a) nonexistence of any identified dumping site; (b) municipal solid waste being dumped in open and adjoining to the school.
We find the contents of the letter petition to be correct.
Shockingly, thus far, no arrangement for disposal of municipal solid waste in the said area has been made by the State. Also Pollution Control Board has been sleeping over the matter. Why so, there is no explanation forthcoming with regard thereto. State Pollution Control Board in its affidavit dated 12 th of March, 2018, admits that within Gram Panchayat, Dharampur itself, on daily basis, 4.0 MT of municipal solid waste is generated. Unfortunately, none is regulating scientific collection or disposal thereof. Municipal solid waste generated in Dharampur township is being dumped at a site, which is near the ::: Downloaded on - 05/09/2018 23:01:36 :::HCHP 4 school. But what is happening within entire Dharampur panchayat remains an open secret and the affidavit conspicuously is silent with regard thereto. In fact, such municipal solid .
waste, as we are made to understand, is being openly thrown downhill and all the villages and entire countryside is littered with the same.
Why is it that only when the Courts take cognizance, the regulating authorities, more particularly the Pollution Control Board, wakes up and yet do not provide any solution. In the instant case, the regulator has only asked the Pradhan of Gram Panchayat, Dharampur to apply for consent by fulfilling certain formalities. What action stands taken against the generators of solid municipal waste remains undisclosed. Perhaps Pollution Control Board could have asked the concerned Panchayat to replicate the model already in place at Shimla Municipal Corporation.
We cannot be oblivious of the fact that maximum number of tourists visiting various tourist destinations within the State of Himachal Pradesh, pass through this Panchayat, be it to Kasauli, Solan, Chail, Shimla or any other place. All along the highways, several dhabas, eating joints/food corners have come up. Also industrial units stand established. Pollution Control Board, as a regulator, has not even asked the stakeholders to comply with the environmental laws.::: Downloaded on - 05/09/2018 23:01:36 :::HCHP 5
Conscious of the fact that with the approaching tourist season and with the inflow of tourists in the summer season, such waste is likely to be generated in abundance, .
unfortunately as there is no mechanism for collection or disposal of municipal solid waste from the same and as in fact, there is no system in existence, before we pass any further orders, we direct the Chairman, State Pollution Control Board, Himachal Pradesh to file an affidavit detailing the steps taken for ensuring that no municipal solid waste is dumped in an unscientific manner, at an r unidentified place/site.
List on 26th of March, 2018."
3. On 3rd April, 2018, we further observed as under:
"Let fresh status report be filed by the Himachal Pradesh State Pollution Control Boardrespondent No.5 with regard to Solid Waste Management Plants, which are proposed to be established in the State of Himachal Pradesh so also the status qua clusters, which are proposed to be identified.
2. We have already expressed our concern with regard to such of those areas, which do not fall within the territorial limits of Municipal Corporations/ Municipal Councils and Nagar Panchayats.
3. At this point in time, in these areas, which do not fall within the purview of the Solid Waste Management Rules, 2016, as we are made to understand there is no proposal in place ::: Downloaded on - 05/09/2018 23:01:36 :::HCHP 6 for collection and disposal of solid waste generated:
(a) By the local residents;
(b) By the floating populace; and
.
(c) By the tourists, who have now
started exploring remote and virgin areas of the State of Himachal Pradesh.
4. Let the Chief Secretary, Government of Himachal Pradesh convene a meeting in this regard and affidavit filed by the Secretary, Rural Development and Panchayati Raj, Government of Himachal Pradesh with regard thereto, within two weeks from today.
r List on 23rd April, 2018.
4. Subsequently, this Court passed the following order on 06.08.2018:
"Mr. Ranjan Sharma, learned Additional Advocate General has placed on record communications (a) dated 3 rd August, 2018, addressed by the Director cum Special Secretary (RD) to the Govt. of Himachal Pradesh, Shimla to the Member Secretary, Aryabhatta Geo Informatics & Space Application Centre (AGiSAC), Department of Environment, Science & Technology, Paryavaran Bhawan, US Club, Opposite Chalet Day School, Shimla171001 and (b) dated 6th of August, 2018, addressed by Joint Secretary (PR) to the Govt. of H.P. to the office of learned Additional Advocate General, HP, which read as under: "(a) From The Director cum Special Secretary (RD) to the Govt. of Himachal Pradesh ::: Downloaded on - 05/09/2018 23:01:36 :::HCHP 7 To The Member Secretary, Aryabhatta GeoInformatics & Space Application Centre (AGiSAC), Department of Environment, Science & Technology, Paryavaran Bhawan, .
US Club, Opposite Chalet Day School, Shimla171001 Dated: Shimla9 3rd August, 2018 Subject: Development Blocks Roadmap along with Superimposed images of the ULBs area Sir, This is to inform you that under Swachh Bharat MissionGramin the Rural Development Department is initiating activities under Solid and Liquid Waste Management in all the 3226 Gram Panchayats of the state. For this purpose the department requires map showing Development Blocks & ULBs situated therein for the 78 Development Blocks.
You are requested to provide the said information at the earliest so that Hon'ble High Court could be apprised accordingly.
Yours faithfully.
Joint Secretary (RD) to the Govt. of Himachal Pradesh"
"(b) To Sh. Ranjan Sharma, Ld. Addl. Advocate General, Himachal Pradesh, Shimla.
Dated 6th of August, 2018 Shimla9. Subject: CWPIL No. 21/2018Court on its own motion Vs. State of H.P. & ors.
::: Downloaded on - 05/09/2018 23:01:36 :::HCHP 8Kindly refer to the aforementioned subject matter. In this behalf, it is submitted that we have already requested Aryabhatta Geo Informatics & Space Application Centre .
(AGiSAC), Department of Environment, Science & Technology, Paryavaran Bhawan, US Club, Opposite Chalet Day School, Shimla to prove the detail Map of all the Urban Local Bodies, situated in each Development Block ofState vide letter dated 03.08.2018 (copy enclosed).
Accordingly, Aryabhatta Geo Informatics & Space Application Centre r(AgiSAC) has verbally informed to provide the same by 10th August 2018, subject to the technical and administrative feasibility. This is for your kind information please.
Yours faithfully, Joint Secretary (PR) to the govt. of H.P."
As prayed for, Aryabhatta Geo Informatics & Space Application Centre (AGiSAC), Department of Environment, Science & Technology, Paryavaran Bhawan, US Club, Opposite Chalet Day School, Shimla, through its Secretary, is impleaded as party respondent No. 6. Notice. Mr. V.B. Verma, learned Central Government Counsel accepts notice on behalf of newly impleaded respondent.
Let the Secretary of newly added respondent file his affidavit indicating the compliance of instructions reproduced herein above.
List on 13.08.2018."
::: Downloaded on - 05/09/2018 23:01:36 :::HCHP 95. Ms. Poonam Gehlot, learned counsel points out that the issues raised by her in CWP No. 153 of 2018, titled as Poonam Gehlot Vs. State of Himachal Pradesh and others are also similar and can be .
adjudicated in said petition, more so when both the petitions are being heard together.
6. Learned Advocate General, in fact, all the learned counsel for the parties, jointly submit that the issues raised in the present petition are now being considered extensively in CWPIL No. 269 of 2017, titled as Court on its own motion Vs. State of H.P. and can be adjudicated in the petition filed by Ms. Poonam Gehlot.
7. As such, as jointly prayed for, we close the present proceedings, leaving all issues open to be adjudicated in CWP No. 153 of 2018, titled as Poonam Gehlot Vs. State of Himachal Pradesh and others or CWPIL No. 269/2017, titled as Court on its own motion Vs. State of H.P.
8. For the present we direct the Registry to place records of the present petition in the said petition so filed by Ms. Poonam Gehlot (supra). Orders passed in the present petition shall be red as part of the orders in the said petition.
9. We place on record our appreciation for the efforts put in by Mr. Vinod Chauhan, learned Amicus Curiae in the adjudication of the matter. Petition stands disposed of, so also miscellaneous application, if any.
(Sanjay Karol) Acting Chief Justice (Ajay Mohan Goel) Judge September 04, 2018 (bhupender/ysc) ::: Downloaded on - 05/09/2018 23:01:36 :::HCHP