NGT: If conflict arises, HC order will prevail in waste management case

The National Green Tribunal (NGT) will continue proceedings regarding improper solid waste management in Kullu district, but observed that in case of conflict between its order and the High Court’s ruling, the latter’s directive will prevail.

The NGT had taken suo moto cognisance of a news item regarding improper garbage dumping in Kullu on June 5, 2025.

However, the HP Advocate General on Thursday brought to the notice of the NGT that the Himachal High Court had taken note of the similar issue on June 19, 2025, and subsequently passed five orders in this regard.

The NGT observed that it had taken notice of the issue earlier, and this was probably not brought to the notice of the High Court. “Responses have already been filed before this tribunal and proceedings have reached advanced stage of hearing. In the very nature of things, the substantial environmental questions involved do not exclude exercise of jurisdiction and in case of conflict, the order passed by the Himachal Pradesh High Court shall prevail and order passed by this tribunal shall, to the extent of any such conflict, be liable to be ignored,” observed Justice Arun Kumar Tyagi and expert member Dr Afroz Ahmad in their order issued on Thursday.

The matter will now come up for hearing on January 16, 2026. The Chief Secretary has been directed to file an affidavit regarding the compliance of Solid Waste Management Rules, 2016, in Kullu district within two months.

The Chief Secretary has also been asked to file an affidavit of his own or through a duly authorised officer, mentioning in detail action taken for compliance with the Solid Waste Management Rules, 2016, in the district.

The Deputy Commissioner of Kullu has been directed to file additional response regarding compliance regarding Solid Waste Management Rules, 2016. Directions have also been issued to the authorities concerned to take suo moto cognisance of violations of the Environment Protection Act and imposition of penalties on the departments, officers and private individuals, who are found violating the norms.

In view of the magnitude of the problem and requirement of the Solid Waste Management Rules, 2016, the Kullu Municipal Council has also been asked to make additional/alternative arrangements for solid waste management, in consultation with the District Environment Committee, headed by the DC.

The NGT ordered that in view of the relevant provisions of the Solid Waste Management Rules, 2016, the Principal Secretaries of the Urban Development and Rural Development Departments, be impleaded as respondents.