Shimla, Aug 10,
In a series of pivotal rulings over July and August 2024, the Himachal Pradesh High Court, led by Justice Tarlok Singh Chauhan and Justice Sushil Kukreja, has addressed significant environmental and waste management issues across the state. The court’s decisions, emerging from eight civil and public interest litigation petitions, emphasize the urgent need for improved public cleanliness, particularly in tourist hotspots and trekking routes.
The court’s directives focus on a comprehensive approach to managing public spaces, waste, and the natural environment. Key instructions include enhancing solid waste management and addressing pollution by fixing responsibilities and penalties for polluters. The court has mandated the implementation of extended producer responsibility for non-biodegradable waste, requiring businesses to support recycling efforts.
A central aspect of the ruling involves the creation and management of Material Recovery Facilities (MRFs). Despite resistance from local Panchayats to allocate land for these facilities, the court has ordered the Director of Panchayati Raj to organize visits for public representatives to existing MRFs established by NGOs like Healing Himalayas and Waste Warriors. This initiative aims to raise awareness and encourage the development of more MRFs in both rural and urban areas.
The court has also directed the Director of Urban Local Bodies, in conjunction with the Director of Panchayati Raj, to conduct training programs for Panchayats and local bodies on waste segregation and MRF operations. This training is expected to foster better waste management practices and facilitate the establishment of additional MRFs.
Furthermore, the State Government is urged to focus on sustainable ecosystems along trekking routes by setting up checkpoints to monitor plastic and glass waste. The court suggests that these checkpoints also serve as tourist information centers, provide eco-friendly toilets, and establish standard operating procedures for adventure companies and local guides. Priority is given to high-traffic trekking routes like Kheerganga, Hamta, and Beas Kund, with a recommendation for implementing checkpoints, dry waste storage facilities, and monitoring committees to oversee waste management and environmental conservation.
The court has highlighted the inadequacy of the existing plastic buyback policy, directing the State Government to make it operational seven days a week to incentivize waste collection, particularly for rag pickers. Additionally, it has ordered the expedited treatment of legacy waste at Kenduwal to prevent environmental hazards, with regular monitoring by the State Pollution Control Board to safeguard the Sirsa River.
Addressing the issue of ineffective green taxes imposed by local authorities, the court has demanded personal affidavits from the Deputy Commissioners of Kullu and Lahaul & Spiti detailing the collection and utilization of these funds. There is also a call for enhancing the complaint mechanism of Municipal Corporations, including setting up complaint numbers and online portals for transparency.
In its final recommendations, the court suggests evaluating the establishment of a Municipal Waste Management Corporation similar to Goa’s model and encourages local Panchayats and urban areas to enter into MoUs with NGOs to facilitate waste management. The Director of Rural Development is instructed to show greater commitment and participation in these initiatives.
Overall, these rulings signify a robust judicial effort to improve environmental management and public cleanliness in Himachal Pradesh, emphasizing the need for coordinated action among state authorities, local bodies, and NGOs to protect and sustain the state’s natural resource
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