HP High Court takes action on Waste Management, orders reports in key cases

Shimla, Aug 23,

The Himachal Pradesh High Court has taken a firm stance on waste management, addressing multiple cases related to solid waste and sewerage treatment across the state. In three separate court orders, the High Court has demonstrated its commitment to enforcing environmental regulations and ensuring public health.

Solid Waste Management plant in Hamirpur under scrutiny

In the case of Subhash Chand vs. State of H.P. and others, a division bench of the High Court, comprising Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma, is addressing a dispute over a Solid Waste Management Plant in Hamirpur. The plant, situated 60 meters from the petitioner’s residential house, is allegedly causing a nuisance with “foul smell” and “mismanaged” operations, including huge heaps of scattered rubbish. The court noted that a compensation of Rs. 6,00,000/- was levied on the Nagar Panchayat-respondent No. 3 for poor management, which included a non-operational bailing machine, lack of a proper drainage system, and no record of vehicular movement.

After reviewing photographs of the petitioner’s house in the background, the judges stated, “We are of the opinion that a fresh assessment of the management of the site as such would be required”. The court has requested the Secretary, District Legal Services Authority, Hamirpur, to inspect the site and submit a report. This report will also detail if there is a nearby water body and if drainage from the site is polluting it.

Furthermore, the court has directed the Secretary, Urban Local Body, to file an affidavit explaining why a waste management plant is not located at the Hamirpur District Headquarters. The matter is now linked with a similar pending case, CWP No. 2369 of 2018, titled Suleman and others vs. Union of India and others, and both will be heard on October 7, 2025.

Over-flowing Sewerage plant at Narkanda

In a separate Public Interest Litigation, Court on its own motion vs. State of H.P. & others, the court is addressing a complaint from residents of Nihari and Karalti villages in District Shimla regarding an overflowing Sewerage Treatment Plant at Narkanda. The residents claim the plant is “over-flowing and causing nuisance apart from creating unhygienic conditions on account of the foul smell”. The court has issued a notice and directed the concerned respondent to submit a report on the site’s current condition.

Court suggests tourist Waste Management Fee

A third related case, Suleman and others vs. Union of India and others, a batch of petitions to enforce environmental laws, resulted in a significant suggestion from the High Court. The court has recommended that the state government “empower the Local Bodies to levy solid waste management charges upon tourists at the entry point” to ensure the sustainability of waste management services. The court also issued directions for entities that haven’t registered for Extended Producer Responsibility (EPR) to do so and for recyclers and producers to provide details on plastic waste generation and processing. This case, as noted in the Hamirpur order, is a connected matter and will be heard together with the Subhash Chand case.