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Himachal Pradesh High Court · body

2018 DIGILAW 1094 (HP)

Pardeep Kumar v. Vivek Bhatia

2018-06-14

SANDEEP SHARMA, SANJAY KAROL

body2018
JUDGMENT : Sandeep Sharma, J. By way of instant contempt petition filed under Sections 10 and 12 of the Contempt of Courts Act read with Article 215 of the Constitution of India, a prayer has been made to initiate the contempt proceedings against the contemnors/respondents for having willfully disobeyed the mandate/directions contained in the judgment dated 22.11.2017, passed by this Court in CWP No. 2086 of 2017, titled Pardeep Kumar v. State of H.P. 2. Since authorities concerned failed to take appropriate measures to dispose of the garbage from the Municipal limits Ghumarwin, petitioner by way of writ petition filed under Section 226 of the Constitution of India, sought direction to the respondents to remove the garbage from the municipal limits of the Municipal Council, Ghumarwin, District Bilaspur, and thereafter take the same to dumping site for its proper disposal. 3. This Court vide judgment dated 22.11.2017, while taking note of the reply(s) having been filed by the various authorities passed following directions, which are as under:- “23. Though, taking note of remedial steps taken by the Municipal Council, Ghumarwin to clear the garbage from Ghumarwin, we do not see any occasion to keep the present petition alive, however before disposing of the same, this Court thinks it necessary to issue following directions to the District Administration as well as Municipal Council, Ghumarwin, so that residents of Ghumarwin town are not put to unnecessary inconvenience and their rights to life with dignity, is/are protected:- (a) The Deputy Commissioner, Bilaspur shall convene meeting of all the stakeholders i.e. Municipal Council, Ghumarwin, members of civil society, if any, residents of village, Bhadsin and Bajoha, where municipal council had taken land on lease for dumping garbage collected from Municipal Council and people/residents residing near the other site proposed to be taken by Municipal Council for setting up dumping site; (b) The Deputy Commissioner, Bilaspur shall make all out efforts to create awareness among the people of the area with regard to necessity of permanent dumping site; (c) The Deputy Commissioner shall take the matter with the Secretary, Urban Development to the Government of Himachal Pradesh, for the release of fund, who in turn, shall provide all necessary assistance on the top most priority for setting up permanent dumping site; (d) The Deputy Commissioner may also direct the revenue authorities in Tehsil Ghumarwin to find out some Government land for setting up dumping site. 24. Necessary action in terms of the aforesaid directions issued by this Court, shall be taken by the Deputy Commissioner, Bilaspur, within a period of four weeks, whereafter compliance report shall be submitted to this Court through Registrar (General) of this Court. However, liberty is reserved to the petitioner or other stakeholders to approach this Court in case needful, as directed by this Court, is not done by the authority concerned.” 4. In the instant petition, petitioner has alleged that two months have passed after the passing of the judgment referred herein above, but till date, no steps, whatsoever, have been taken by the respondents-contemnors, for taking the garbage for disposal to the dumping site. Petitioner has further alleged that after passing of the judgment, repeated requests have been made to the authorities for disposal of the garbage, but no steps, whatsoever, have been taken by the authorities to implement the judgment passed by this Court and as such, they deserve to be punished in accordance with the provisions contained in the contempt of Courts Act. 5. The Deputy Commissioner, to whom, this Court had issued specific directions, has categorically stated in his affidavit that pursuant to judgment passed by this Court, all necessary steps have been taken for exploring the possibility of setting up permanent dumping site. It would be apt to take note of following paras of the affidavit of the Deputy Commissioner (pages 32 and 33):- “The above mentioned directions of the Hon’ble High Court have been complied in letter and spirit and compliance report filed in the Hon’ble High Court is annexed as Annexure R-I. It is important to mention here that residents of village Bhadsin which falls in Gram Panchayat Lehri- Serail and the adjoining Gram Panchayat such as Gatwar, Gahar & Padyalag has passed resolutions stating therein that the site earlier identified for dumping of municipal waste is adjacent to a Khad named Rohal Khad and they will not allow the municipal council to dump the waste any more. The copy of resolutions is annexed as Annexure R-2, R-3, R-4, R-5. That in compliance of direction of the Hon’ble vide judgment dated 22.11.2017 passed on point No. ‘d’ in meeting held on dated 15.12.2017 with Govt. officials as well as residents of concerned areas the predecessor of deponent directed to identify other dumping site. The copy of resolutions is annexed as Annexure R-2, R-3, R-4, R-5. That in compliance of direction of the Hon’ble vide judgment dated 22.11.2017 passed on point No. ‘d’ in meeting held on dated 15.12.2017 with Govt. officials as well as residents of concerned areas the predecessor of deponent directed to identify other dumping site. The Sub Divisional Magistrate, Ghumarwin in consultation with Executive Officer Municipal Council Ghumarwin identified three sites for dumping of municipal solid waste at Village Badota, village Dhaloh & Sandyar but the local residents led by people’s representative objected for dumping municipal waste in their respective villages. The copy of objection is attached as Annexure R-6, R-7. On date 05.02.2018, in meeting held under the Chairmanship of Additional Chief Secretary (Urban Development) to the Government of H.P., it was decided to establish Solid Waste Management Plant for the entire Bilaspur cluster in which a scientific disposal of municipal waste of all the ULBs of District Bilaspur can be ensured and in pursuance to this decision land measuring 20-00 bighas bearing Khasra No.1/1 in Mauza Jungle Fetidhar, Tehsil Ghumarwin, District Bilaspur has been identified and joint inspection of the site in presence of Environment Engineer, HP State Pollution Control Board Bilaspur, Executive Officer M.C. Ghumarwin and Sanitation Expert Directorate of Urban Development Shimla has also been conducted on 13.03.2018. As per meeting, people of GP Fatoh have given unconditional rejection of any proposal to set Solid Waste Management Plant. The copy of report dt. 28.05.2018 of SDM, Ghumarwin is annexed as Annexure R-8. It is submitted that waste of Municipal Council Ghumarwin is being segregated and collected form door to door and the non-biodegradable waste is recycled through Kabadis and the non recyclable plastic waste is being sent to A.C.C. Barmana for disposal. The biodegradable waste is sent to piggery farm situated near the earlier dumping site at village Bhadsin. This mechanism of collection of segregated waste is in place since last two months and more steps are being taken to sensitize/aware the general public for adopting segregation of waste at source. The Additional Chief Secretary (Urban Development) to the Govt. of H.P. has been requested vide letter no. BLS-LFA- 4(2)/88-3534 dt.01.02.2018. to provide funds for construction of Solid Waste Management Plant. The copy of letter is annexed as Annexure R-9.” 6. The Additional Chief Secretary (Urban Development) to the Govt. of H.P. has been requested vide letter no. BLS-LFA- 4(2)/88-3534 dt.01.02.2018. to provide funds for construction of Solid Waste Management Plant. The copy of letter is annexed as Annexure R-9.” 6. Having carefully perused averments contained in the aforesaid paras of affidavit filed by the Deputy Commissioner, this Court finds no force in the argument of learned counsel representing the petitioner that no efforts, whatsoever, have been made by the Deputy Commissioner as well as others, in exploring the possibility of providing permanent dumping site, rather it clearly emerges from the affidavit that residents of adjoining gram Panchayat such as Gatwar, Gahar & Padyalag, by way of passing a resolution, have opposed the proposal for setting up dumping site adjacent to Khad named Rohal Khad (Annexures R-2 to R-5). It also emerges from the affidavit that Deputy Commissioner convened a meeting of all the stakeholders on 15.12.2017 and issued necessary directions to identify other dumping sites. Sub Divisional Magistrate, Ghumarwin, in consultation with the Executive Officer, Municipal Council Ghumawin, identified three sites for dumping of municipal solid waste at Village Badota, village Dhaloh & Sandyar, but local residents led by the people’s representatives objected the setting up of municipal waste in their respective villages (R-6 and R-7), however minutes of meeting held on 5.2.2018, under the Chairmanship of the Additional Chief Secretary (Urban Development) to the Government of HP, suggests that conscious decision has been taken to establish Solid Waste Management plant for the entire Bilaspur cluster, wherein scientific disposal of municipal waste of all the ULBs of District Bilaspur, can be ensured and in this regard, land measuring 20-00 bighas bearing Khasra No.1/1 in Mauza Jungle Fetidhar, Tehsil Ghumarwin, District Bilaspur, stands identified and joint inspection of site in presence of Environment Engineer, H.P. State Pollution Control Board Bilaspur, Executive Officer M.C. Ghumarwin and Sanitation Expert Directorate of Urban Development Shimla, has also been conducted on 13.3.2018. Apart from above, it also emerges from affidavit filed by the Deputy Commissioner that Municipal Council, Ghumarwin, after collecting garbage from door to door segregate it and non-biodegradable waste is being recycled through kabaadis, whereas non recyclable plastic waste is being sent to A.C.C. Barmana for disposal. It has been specifically stated in the affidavit that biodegradable waste is sent to piggery farm situate near the earlier dumping site at village Bhadsin. 7. It has been specifically stated in the affidavit that biodegradable waste is sent to piggery farm situate near the earlier dumping site at village Bhadsin. 7. Having carefully perused averments contained in the affidavit filed by the Deputy Commissioner, this Court is convinced and satisfied that all appropriate steps strictly in terms of directions issued by this Court, stand taken by the appropriate authorities and this Court cannot lose sight of the fact that for setting up permanent dumping site, suitable land is required to be identified that too without there being any encumbrances and funds are also required to be provided by the appropriate authority and as such, we do not find action of the respondents to be contumacious and as such, present petition is dismissed. However, before parting we direct the Additional Chief Secretary (Urban Development) to expedite the proposal for setting up permanent dumping site and take steps to provide funds on the top most priority, preferably within a period of two months from today. Necessary affidavit in this regard shall positively be filed by the Additional Chief Secretary, within a period of three weeks thereafter.