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NGT stays construction of Waste Facility inside Kullu park, bars further activity at Site
Shimla/Kullu, May 11,
The Principal Bench of the National Green Tribunal (NGT) has restrained the Municipal Council, Kullu and other authorities from carrying out any further construction or change of land use inside Nehru Park at Sarwari in Kullu, where a Material Recovery Facility (MRF) for waste handling was proposed to be established.
The order came while hearing an application filed by Sanjay Kapoor, who alleged that the Municipal Council had converted a public park into a dumping ground and had initiated construction of a waste handling facility in violation of environmental norms and earlier administrative directions.
The applicant told the Tribunal that Nehru Park, spread over around five bighas in Ward No. 3 of Kullu town, was originally developed as a public recreational space with pathways, trees, flower beds, fountains and children’s swings, but was gradually being used for dumping construction material and parking idle mobile toilets.
According to the plea, the Municipal Council had also issued a tender notice on April 13, 2026 for construction of a shed inside the park to establish a Material Recovery Facility. The applicant argued that the site lies within 30 metres of the Sarvari riverbank and less than 200 metres from the Beas river, while also being situated near dense habitation and within 10 kilometres of Bhunter airport, allegedly violating Solid Waste Management Rules, 2016.
The Tribunal noted that photographs placed on record prima facie showed that a park existed at the site and that it had gradually been dismantled and used for dumping garbage, besides showing construction activity underway.
In its observations, the NGT underscored the ecological significance of urban green spaces, stating that “green belts/parks in the cities/residential areas/urban bodies are essential as they act as lungs of the area and help in maintaining the air quality.” The Bench further observed that such spaces are required to be protected and “no encroachment and raising of construction can be allowed over the same.”
Also read:NGT imposes 4.6 Cr fine on Manali MC for poor waste management
Finding that the application raised “substantial questions relating to environment,” the Tribunal issued notices to the respondents and directed them to file replies within one month.
The Bench also constituted a Joint Committee comprising representatives of the Central Pollution Control Board (CPCB), Himachal Pradesh State Pollution Control Board (HPSPCB) and the District Magistrate, Kullu, directing it to inspect the site, verify the factual position, examine the grievances raised in the application and suggest remedial measures within one month.
Importantly, invoking the “precautionary principle” under the National Green Tribunal Act, the Tribunal directed respondents “to desist from carrying out any change of user and raising any further construction over the site in question till further orders.” It further directed the District Magistrate and Superintendent of Police, Kullu, to ensure that any ongoing construction or dumping activity at the site is stopped immediately.
The matter has now been listed for further hearing on July 2, 2026.
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