Himachal Pradesh High Court
Suleman vs . Union Of India A/W Connected Matters on 16 November, 2023
Bench: Tarlok Singh Chauhan, Satyen Vaidya
Suleman vs. Union of India a/w connected matters CWP No.2369 of 2018 with CWP Nos.1074 of 2019, 3334 of 2021, CWPIL Nos. 32, 42, 56 of 2021, CWP No.3511 of 2022 and CWPIL No.4 of 202 .
16.11.2023 Present: Mr. Deven Khanna, Advocate, for the petitioners, in CWP No. 2369 of 2018.
Mr. Bhuvnesh Sharma, Senior Advocate with Ms. Vaishali Lakhanpal, Advocate, for the petitioner in CWP No.1074 of 2019.
of Court on its own motion in CWPIL Nos.32, 42 & 56 of 2021.
Mr. Ravinder Singh, Advocate, vice Mr. Vinay Sharma, Advocate, for the petitioner in CWPIL No.56 of 2021. rt Mr. Anup Rattan, A.G. with Mr. I.N. Mehta, Senior Additional Advocate General and Ms. Sharmila Patial, Additional Advocate General, for the respondent(s)- State.
Mr. Balram Sharma, Deputy Solicitor General of India, for Union of India and for respondent No.4-Central Pollution Control Board, in CWP No. 3511 of 2022. .
Mr. Tara Singh Chauhan Advocate, for respondent-HP Pollution Control Board, in CWP No. 2369 of 2018 and CWP No. 1074 of 2019.
None for respondent No.2, in CWPIL No. 32 of 2021, for respondent No.1, in CWPIL No. 42 of 2021 and for respondent No.3 in CWP No. 3511 of 2022.
Mr. Naveen K. Bhardwaj, Advocate, for M.Cs Kullu, Manali and Nagar Panchayat, Bhuntar, District Kullu, H.P., in CWP No. 2369 of 2018.
Mr. Adarsh K. Vashista, Advocate, for M.Cs. Chamba, Baddi, Nalagarh, Nagrota Bagwan, Jwalamukhi.
Mr. Mukul Sood, Advocate, for M.Cs Shimla and Dharamshala.
Mr. Prabodh Saxena, Chief Secretary, Mr. Devesh Kumar. Pr. Secretary (UDD&TCP), Mr. Rakesh Kanwar, Secretary (RDD&PR), Mr. Anil Joshi, Member Secretary, Pollution Control Board and Mr. Satpal Dhiman, Additional Secretary (Env. Science and Technology), Government of Himachal Pradesh, Mr. Anil Joshi, Member Secretary (IFS) HPSPCB, Chandan Kumar Singh, Environmental Engineer, HPSPCB and Mr. Sandeep Kumar, Law Officer, HPSPCB, in persons.
::: Downloaded on - 20/11/2023 20:31:01 :::CIS -2-The case was taken up in the pre-lunch session and .
during the course of hearing, we found that much progress has not been achieved with regard to the implementation of the environmental laws in the State only because of the different stakeholders not working in of unison and tandem, as such, we called for the personal appearance of the Chief Secretary, to the Government of Himachal Pradesh.
rtThe matter is taken up post lunch session.
Mr. Prabodh Saxena, Chief Secretary to the Government of Himachal Pradesh appeared before the Court alongwith Mr. Devesh Kumar. Pr. Secretary (UDD&TCP), Mr. Rakesh Kanwar, Secretary (RDD&PR), Mr. Anil Joshi, Member Secretary, Pollution Control Board and Mr. Satpal Dhiman, Additional Secretary (Env. Science and Technology), Government of Himachal Pradesh and has assured the Court that the State Government will come up with a definite and clear road map regarding the implementation of the environmental laws.
Affidavit of respondent No. 3 in compliance to the order dated 12.10.2023 filed in the open Court, is made part of the Court file.
From the record, we find that certain suggestions/recommendations to the Urban Local Bodies (UlBs) for ensuring scientific management for Solid Waste have already been given by the State Pollution Control ::: Downloaded on - 20/11/2023 20:31:01 :::CIS -3- Board and, in case, the same are redressed, definitely these suggestions would go a long way to solve the issue .
regarding the disposal and management of solid waste in the urban areas.
Therefore, at the first instance, all the Local Urban Bodies (ULBs), as referred to in the suggestions found in of Annexure 3/3 (pages 2046 to 2057 of the Paper Book) are directed to comply with the said suggestions and, in case, rt if any of the suggestion(s), for any reason(s), cannot be complied with, then an affidavit to this effect be filed on the next date of hearing clearly setting out such difficulty.
Specific affidavit be filed by the Chief Secretary to the Government of Himachal Pradesh, regarding the effective implementation of the environmental laws in Himachal Pradesh. In addition thereto, the Secretary, Rural Development and Panchayati Raj shall also file their respective affidavits clearly setting out therein the road map for effective implementation of the environmental laws on or before the next date of hearing.
Since, Mr. Balram Sharma, learned Deputy Solicitor General of India, will be appearing for respondent No. 6 i.e. Central Pollution Control Board, the Registry is directed to reflect his name in the Cause List for respondent No. 6.
Learned Deputy Solicitor General of India is directed to furnish the action taken report on Producer, Importer and Brand Owners (PIBOs) with respect to Rules 9 to 13 of ::: Downloaded on - 20/11/2023 20:31:01 :::CIS -4- the Plastic Waste Management Rules, 2016 as amended from time to time. Respondents may also furnish the .
returns, if any, filed by these PIBOs.
At the oral request of the petitioner, M/s J.B.R. Environment Technologies Pvt. Ltd., Kenduwal, Tehsil Baddi, District Solan, H.P. through its Director Mr. Rajinder of Singh, is ordered to be impleaded as party-respondent and shall now figure as respondent No. 8.
rt Notice. Mr. Ajit Pal Singh Jaswal, Advocate, appears and waives service of notice on behalf of respondent No.
8. Reply to the main petition be filed by respondents No. 6 and 8 before the next date of hearing.
Comments/counter affidavit(s) to the affidavit filed on behalf of respondent No. 3 be filed by the petitioner and respondent No. 8 before the next date of hearing.
The personal presence of the officers present is dispensed with.
List on 04.01.2024.
(Tarlok Singh Chauhan) Judge (Satyen Vaidya) Judge 16th November, 2023 (sanjeev) ::: Downloaded on - 20/11/2023 20:31:01 :::CIS