Respond to suggestions given by amicus curie: Court to state

Our Correspondent

Shimla, May 22

The HP High Court has directed the state government to file response to the suggestions given by the amicus curie (court friend) on the issue of littering near the Atal Tunnel, Manali.

During the course of hearing last week the amicus curie appointed by the court to assist it on this issue stated before the court that the solution for the perpetual nuisance of litter could be achieved only if there are stringent clauses in place. Apart from there being environment laws, certain stringent provisions are required to be made in the other laws as well, more particularly the local laws like the laws governing the municipalities like Municipal Corporations, Notified Area Committees, Panchayati Raj Institutions, etc.

On the other hand, the counsel for the state informed the court that the state had taken various steps for solving this problem.

After hearing the matter, a division bench comprising Acting Chief Justice Tarlok Singh Chauhan and Justice Virender Singh observed that “the respondents have taken steps to redress the concerns shown by the court, but, we are of the considered opinion that the same are neither adequate nor sufficient.”

The bench directed the state authorities respond to the suggestions of the amicus curiae within two weeks.

The court passed this order on a news item published in The Tribune on July 3, 2022 under the caption “Littering near Atal Tunnel threat to ecology.” It was reported in the news that littering by tourists near Atal Tunnel has gone unchecked as heaps of garbage can be seen on the roadside of the tunnel’s south portal near Manali. Besides being an eyesore, the waste is polluting the eco-fragile region and will be a health hazard, if this goes unabated.

Taking cognisance on this, the court treated this news item as a Public Interest Litigation and directed the state authorities to file their affidavits mentioning therein about the plan of action, including special drives to be conducted along with dates to ensure that the garbage is cleared and indicate the provision in law under which fines are imposed for littering and the amount of fines collected in the last one year.

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