Ensure no waste is dumped in state rivers: HP High Court to govt

Legal Correspondent

Shimla, October 13

The HP High Court has directed the state government to ensure that no waste is dumped into any of the state’s rivers, rivulets or streams. It further clarified in its order that all Urban Local Bodies (ULBs) and Rural Local Bodies (RLBs) will be held personally responsible for enforcing the Solid Waste Management Rules and Plastic Waste Management Rules, 2016.

Inspect site and submit report

The court directed the Environment Engineer of HP State Pollution Control Board and a representative from the Ministry of Environment to inspect the site and submit a comprehensive report on the adherence to each specific condition outlined in the environment clearance, along with an updated monitoring report.

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A division bench comprising Justice Tarlok Singh Chauhan and Justice Ranjan Sharma passed this order on a Public Interest Litigation highlighting the issue of non-compliance of Solid Waste Management Rules.

The court has expressed serious concerns over the alleged non-compliance with 36 pre-conditions mandated for the construction and operation of the Solid Waste Management Plant at Kenduwal village, Baddi tehsil, HImachal.

During the course of hearing, it was brought to the notice of the court that none of the stipulated conditions, crucial for safeguarding environmental and public health, are being adhered to.

On this, the court directed the Environment Engineer of HP State Pollution Control Board and a representative from the Ministry of Environment to inspect the site and submit a comprehensive report on the adherence to each specific condition outlined in the environment clearance, along with an updated monitoring report.

The court has also sought details on the implementation of the Plastic Waste Management Rules, 2016, particularly focusing on the “Extended Producer Responsibility” (EPR) of various stakeholders involved in plastic waste management.

With a view to ensure that the Solid Waste Project at Kullu becomes functional by the next hearing, the court directed the MC Kullu and other stake holders to ensure no waste is dumped into any of the state’s rivers, rivulets, or streams.

The court has also sought detailed information regarding the implementation of the Plastic Waste (Management and Handling) Rules, 2011, the Plastic Waste Management (Amended) Rules, 2022, and the Himachal Pradesh Non-Biodegradable Garbage (Control) Act, 1995. It also sought details about the registration of producers, importers, and brand-owners with the competent authority, and steps taken in this regard, are to be provided by the respondents. dable Garbage (Control) Act, 1995.