JUDGMENT : Sandeep Sharma, J. Instant Public Interest Litigation came to be registered on the basis of news item dated 24.04.2018, published in daily newspaper “Amar Ujala”, captioned as “Giri mein dump ki ja rahi gandagi mouke per nahin ja rahe afsar”. 2. Realizing the seriousness of the allegations contained in aforesaid news item published in daily Hindi newspaper, this Court appointed Shri Ramakant Sharma, learned Senior Advocate, as amicus curiae to assist the Court. 3. This Court, while directing the Additional Advocate General to have instructions in the matter, also directed Mr. Sudhir Thakur and Mr. Hamender Singh Chandel, learned counsel, representing the H.P. State Pollution Control Board and Municipal Corporation, Shimla respectively, to file their responses. 4. Municipal Corporation, Shimla, in its affidavit dated 2.5.2018 stated before this Court that the respondent- Corporation has repeatedly apprised the authorities regarding dumping of waste/polluted material into the Giri Khad at Chailla from time to time. Municipal Corporation also stated in his affidavit that the functionaries of the adjoining Gram Panchayats; namely; Sainj, Ghoond, Bagain, Kiyar and Gumma, were also apprised vide communication 29.01.2016 to educate their people not to dump/throw debris or polluted material including sullage into the Giri Khad. Municipal Corporation also apprised this Court that vide communications dated 15.7.2017, 22.12.2017 and 1.2.2018 repeated requests were made to Sub Divisional Magistrate, Theog as well as Director, Town & Country Planning Department regarding dumping of debris into Giri Khad with a request to take suitable measures in this regard. 5. Having taken note of affidavit filed by Municipal Corporation, Shimla, this Court vide order dated 3.5.2018 directed the following officers to remain present in the Court on the next date of hearing:- “1. Director, Urban Development, Shimla. 2. The Director, Rural Development and Panchayati Raj, Himachal Pradesh 3. Pradhan, Gram Panchayat Bagain, Post Office Chhaila, Tehsil Theog, District Shimla, Himachal Pradesh. 4. Pradhan, Gram Panchayat, Ghoond, Post Office Chhaila, Tehsil Theog District Shimla, Himachal Pradesh. 5. Divisional Forest Officer (Rural), Shimla.” 6. On 4.5.2018, this Court, having interacted with aforesaid officers, directed Senior Environmental Engineer, Pollution Control Board to visit the spot and ascertain the factual position. Officers, who had come present in the Court, also volunteered that they shall fully co-operate and participate at the time of inspection. 7. 5. Divisional Forest Officer (Rural), Shimla.” 6. On 4.5.2018, this Court, having interacted with aforesaid officers, directed Senior Environmental Engineer, Pollution Control Board to visit the spot and ascertain the factual position. Officers, who had come present in the Court, also volunteered that they shall fully co-operate and participate at the time of inspection. 7. Senior Environmental Engineer, Pollution Control Board visited the area concerned on 05.05.2018 and filed its Joint Inspection Report by way of affidavit dated 15.05.2018. Joint Inspect Report, filed by Senior Environmental Engineer, is reproduced here-in-below:- “Joint Inspection Report in compliance to the orders dated 4.04.2018 passed by Hon’ble High Court in CWPIL No.83/2018.” On the basis of news published in the newspaper regarding the dumping of disposal of garbage in Chailla, the Hon’ble High Court has taken the cognizance of the matter through and CWPIL No.83/2018 titled Court on its own motion & ors. On 04.05.2018 directions was issued to the Sr. Environmental Engineer the Pollution Control Board to inspect the area concerned on 05.05.2018. The Inspection was carried out Jointly on 05.05.2018 by the team comprising of SDM Theog, Sr.Environmental Engineer & Jr.Environmental Engineer of H.P. State Pollution Control Board, Shimla, Naib Tehsildar Theog, Panchayat Pradhan Ghoond & Bagain, Panchayat Secretary Ghoond, ASI Chailla, Kangoo Sainj, Jr.Engineer I & PH Sainj. The finding made during the visit is as under:- (1) The Pradhan and Secretary, Gram Panchayat, Ghoond apprised that they have also issued the notices to individuals for discharging sewage/kitchen waste into Giri Khad/rivulet. Earlier the SDM Theog has issued notices to 27 persons for causing nuisance on account of discharging sewage water from toilets, bathrooms, kitchens and other sources to Giri Khad. The Gram Panchayat Ghoond has got constructed 10 numbers of Soak pits in order to stop the direct flow of waste water into the khad/rivulet. One number of sweeper is also deputed specially for the cleanliness of Chaila area. (2) Individual’s residential as well commercial establishments have constructed their own septic tank and soak pits except for few, which were directed to provide the septic tank/soak pits immediately. The observation made by the committee w.r.t. following violating persons/establishments is as under: S. No. Name & Address Activities being carried out in the building Violation observed (1) Sh. Jai Ram S/o Sh. The observation made by the committee w.r.t. following violating persons/establishments is as under: S. No. Name & Address Activities being carried out in the building Violation observed (1) Sh. Jai Ram S/o Sh. Devi Ram R/o Chailla Bazar, Tehsil Theog, District Shimla Bank, commercial activities being carried out in different shops and residential accommodation Kitchen and bathroom waste is flowing in open. Photo 1-2 (2) Sh. Krishan Dutt S/o Kewal Ram R/o Village Chailla Bazar, Tehsil Theog, District Shimla, H.P. Dhabha, bar, vegetable shops, commercial activities being carried out in different shops and residential accommodation Kitchen and bathroom waste is flowing in open. Photo 3-4 (3) Sh. Puran Dutt, S/o Kewal Kewal Ram R/o Village Chailla Bazar, Tehsil Theog, District Shimla, H.P. Vegetable shops, commercial activities being carried out in different shops and residential accommodation. Kitchen and bathroom waste is flowing in open. Photo 3-4 (4) Police Chowki Chailla -- Police Chowki have only constructed soak pit for treatment of sewage, kitchen waste and bathroom waste. Photo 5-6 (5) C & C Constructions Company camp at Bagain Contractor Construction of drains at Chailla. The unit has littered the cement bag sand kitchen waste from the camp was flowing in open. Photo 12- 13. (6) New Prem Dhaba, Bhui near Huli, District Shimla Kitchen waste is flowing in open photo 14. (7) Hotel Amada Royal (Farmer Nest) Bhui, near Huli, District Shimla Hotel & Restaurant (8) The fruit and vegetable vendors in this area throw the bio- degradable waste in the open area. (9) There is one public toilet, which is maintained by Sulabh International at Chailla. (10) Drains at the Chaila market which are to be constructed by the C& C Construction Company has been left out incomplete in middle of the market. Which is chocked with mud, solid waste such as vegetable, plastic waste and sullage. (11) Gram Panchayat, Ghoond has provided 10 numbers of waste collection bins in Chailla area for collection of garbage but when they are filled and simultaneously burnt in those bins. (12) There are approximately 96 numbers of shops and commercial establishments in the Chailla. Out of which about 10 numbers are running dhabhas. (11) Gram Panchayat, Ghoond has provided 10 numbers of waste collection bins in Chailla area for collection of garbage but when they are filled and simultaneously burnt in those bins. (12) There are approximately 96 numbers of shops and commercial establishments in the Chailla. Out of which about 10 numbers are running dhabhas. (13) At the time of inspection, it was observed that illegal tents are made by the nomads in the right and left side of the Giri Khad/rivulet in the Chailla and using Giri Khad for bathing, washing and may be the source of water contamination (Photo 16-18). (14) The Panchayat Ghoond has constructed one number of unlined pit for disposal of garbage(Photo 19). The site was again inspected by the Jr. Environmental Engineer of H.P. State Pollution Control Board on 09.05.2018 with respect to the directions issued by the joint committee on dated 05.05.2018 following finding were made:- Sr. No Name and Address Activates being carried out in the building Violation observed on dated 5.05.2018 Status as on dated 9.05.2018 (1) Sh. Jai Ram S/o Sh. Devi Ram R/o Village Chailla Bazar, Tehsil Theog, District Shimla, H.P. Bank, commercial activities being carried out in different shops and residential accommodation Kitchen and bathroom waste is flowing in open. No. improvement was observed (2) Sh. Krishan Dutt, S/o Kewal Ram R/o village Chailla Bazar, Tehsil Theog, District Shimla, H.P. Dhabha, bar, vegetable shops, commercial activities being carried out in different shops and residential accommodation Kitchen and bathroom waste is flowing in open No improvement was observed ( Photo 20-21) (3). Sh. Puran Chand, s/O Kewal Ram R/o Village Chailla Bazar, Tehsil Theog, District Shimla, H.P. Vegetable shops, commercial activities being carried out in different shops and residential accommodation Kitchen and bathroom waste is flowing in open No improvement was observed ( Photo 20) (4). Police Chowki Chaila -- Police Chowki have only constructed soak pit for treatment of sewage, kitchen waste and bathroom waste. No improvement was observed (5). C&C Constructions Company camp at Bhagain Contractor Construction of drains at Chailla. The unit have littered the cement bags and kitchen waste from the camp was flowing in open. The collection of the littered cement bags was in progress. However, kitchen waste was flowing in open.(Photo 22-23) (6). No improvement was observed (5). C&C Constructions Company camp at Bhagain Contractor Construction of drains at Chailla. The unit have littered the cement bags and kitchen waste from the camp was flowing in open. The collection of the littered cement bags was in progress. However, kitchen waste was flowing in open.(Photo 22-23) (6). New Prem Dhaba Bhui, near Huli, District Shimla Dhabha Kitchen waste is flowing in open Soak pit is under construction (Photo 24) (7) Hotel Amada Royal (Farmer Nest) Bhui, near Huli, District Shimla Hotel & Restaurant Kitchen waste is flowing in open. Unit has connected its kitchen pipe to its septic tank (Photo 25) Immediate measures suggested: (1) The Pradhan and Vyapaar Mandal were requested to place Board/Hoarding at Chailla Bazar at different locations for creating awareness to the general public and commercial establishment not to litter garbage. (2) Solid waste generated need to be segregated by providing different bins by the Gram Panchayat. For a time being bio- degradable waste is to be disposed off through composting and non-biodegradable waste to be handed over to the Municipal Corporation, Shimla on weekly/fortnightly basis depending upon the quantity of waste. (3). The septic tank constructed and which was partially demolished by the administration may be modified as a soak pit for the treatment and disposal of kitchen/bathroom waste(photo 26). (4) A per mandate of Greater Shimla Water Supply and Sewerage Circle, Shimla Municipal Corporation is that it has to ensure that the water which is lifted meets the prescribed standards as per Drinking Water- Specification (ISO 10500:2012). (5) Local administration shall remove the illegal structures and unauthorized temporary shops(hawkers/street vendor) and take the action against the defaulters. (6) I & PH Department shall ensure that no waste water is directly drained into the Giri khad/rivulet. (8) The C&C Constructions Company may also be directed to construct the drain along with soak pit before the final disposal at Chailla Bazar. (9) The C&C Construction Company may also be directed to construct the soak pit for disposal of kitchen waste at their Bagain campsite. Short terms measures suggested:- (1) Rural Department shall explore the possibility for installation of Bio- composter/bio gas plant for disposal of Bio-degradable waste. Compost/bio gas which can be used as manure/fuel in kitchen. (2) Entry points to the roads leading to the Giri khad to be closed by PWD department. Short terms measures suggested:- (1) Rural Department shall explore the possibility for installation of Bio- composter/bio gas plant for disposal of Bio-degradable waste. Compost/bio gas which can be used as manure/fuel in kitchen. (2) Entry points to the roads leading to the Giri khad to be closed by PWD department. (3) Fencing of roadside areas by wire mesh is to be done by the quarter concerned i.e. PWD Department/Forest Department, to prevent garbage littering or throwing into the khad/rivulet. (4) I & PH Department shall explore the possibility for the establishment of sewer system for Chailla to maintain the wholesomeness of the rivulet/water body. Long term measures suggested: (1) If feasible installation of Bio-composter/bio gas plant for disposal of Bio-degradable waste by Gram Panchayat Ghoond. Compost/bio gas which can be used as manure/fuel in kitchen. (2) If feasible installation of sewer System for Chailla installation through I& PH Department.” 8. On 13.06.2018, another action taken report pursuant to order dated 4.5.2018 came to be placed before this Court by way of communication dated 12.6.2018, which reads as under:- “Kindly refer to your office letter no-CWPIL 83/2018-20084 dated 6-6-2018 and in continuation of this office letter No-THG/Reader/2018-1775 dated 8-6-2018, on the subject cited above. In this regard it is submitted that a committee has been constituted to take action against the defaulters as per law and electricity & water supply connection be disconnected. (Photocopy enclosed) The team constituted for the purpose visited the spot on 11-6- 2018 and submitted the latest status report to this office which is as under: - 1. The Naib-Tehsildar Theog vide his office letter No113 dated 12-06-2018 has intimated to this office that the water and electricity connection of the defaulters have been disconnected who were not constructing the soak pits or the spot and they have been warned strictly. 2. The Naib Tehsildar Theog further reported that they have seized the tractor Tipper and JCB Machine in which the debris (sic. derbies) are being dropped in to the Giri River and all this machineries have been handed over in the Police custody. 3. The Electricity and I & PH department have been directed on the spot to take action against the defaulters as per law and action taken report be sent to this office immediately. The report received from the Naib-Tehsildar Theog is enclosed herewith for your kind perusal and further necessary action please.” 9. 3. The Electricity and I & PH department have been directed on the spot to take action against the defaulters as per law and action taken report be sent to this office immediately. The report received from the Naib-Tehsildar Theog is enclosed herewith for your kind perusal and further necessary action please.” 9. On 16.08.2018, this Court, taking note of the gravity and sensitivity of the matter, directed Shri Sudhir Thakur, learned counsel representing the H.P. State Pollution Control Board and Mr.Adarsh Kumar Sharma, learned Additional Advocate General, to verify the actual position as stated in various affidavits filed by the respondents, including the Superintendent of Police, Shimla and thereafter suggest that what course of action should be adopted till the time permanent solution of drinking water problem is made and remedial measures are taken, for checking the position of direct or indirect discharge of water into the river. 10. Pursuant to aforesaid directions issued by this Court, suggestions in the form of inspection report came to be filed before this Court, which reads as under:- “The officials were present on the spot and their details are being referred in Annexure –A. In presence of all the officials concerned as referred in Annexure A spot was thoroughly inspected and earlier report filed by Shri Praveen Gupta Superintending Engineer of Pollution Control Board dated 13.07.2018 was also taken into consideration during the spot inspection. That during spot inspection undersigned observed regarding violation as under:- Major Causes of water contamination- - Uncomplete construction of septic tank of police chowki, Chailla. - Improper management of kitchen waste by C&C Company. - Free visits of people to the river bank and throwing of solid waste into river. - Dumping of soil/debris close to river bank by C&C Company. - Unauthorized construction of temporary sheds/Jhugi alongwith river side. - Free flow of water through culvert into river. (i) That most of the inhabitants have developed their septic tank on the spot and department of Rural development has also constructed many soak pits for management of water as such chances of pollution in the river at Chailla has been reduced. - Unauthorized construction of temporary sheds/Jhugi alongwith river side. - Free flow of water through culvert into river. (i) That most of the inhabitants have developed their septic tank on the spot and department of Rural development has also constructed many soak pits for management of water as such chances of pollution in the river at Chailla has been reduced. The improvement as referred in the earlier report dated 13.07.2018 was all most found to be correct except the construction of septic tank by the police chowki, Chailla which is under construction and the same was found to be incomplete on the spot and moreover no further work of construction was found at the time of inspection as the lintel of the septic tank has not been laid and the same septic tank has not been connected with the sewerage pipes. However, the police officials i.e. ASI Purushotam Chand was present on the spot was stating that within a short period the same shall be completed. (ii) As regard to the sewerage condition of C&C Construction Company is concerned no appropriate construction of drain and septic tank etc. was found to be there on the site and there was no proper arrangement for kitchen waste by the company. However, the officials present on the spot on behalf of the company stated that within a period of one month they are closing down the entire setup on the spot due to completion of the work hence they are in the process to shift the same set up to some other place and the same company is already de-functioning on the spot due to disconnection of the electricity. (iii) That the undersigned further observed that there was no any proper check to the outsiders visitors and local residents for their visit on the river bank for throwing solid waste into the river and they are directly reached into the river bank for throwing their solid waste, for washing their clothes and also for their natural calls etc. (iv) That there is dumping of debris by the C&C Construction Company on the spot just ahead of Chailla Bazaar which is gradually reaching into the river and the same debris are required to stop, as the same is also source of contamination of the water because the soil along with solid waste is flowing into the river. (iv) That there is dumping of debris by the C&C Construction Company on the spot just ahead of Chailla Bazaar which is gradually reaching into the river and the same debris are required to stop, as the same is also source of contamination of the water because the soil along with solid waste is flowing into the river. (v) That the undersigned also found that some temporary sheds constructed unauthorizedly on the spot in the shape of (Jhugi) and persons residing therein are continues source of littering garbage into the river and also using the river bank for washing their clothes and also used the river bank as their open toilet. Moreover, in the entire market there is no sufficient dustbin to curb the garbage littering. (vi) That the undersigned also observed that just adjoining to the police chowki one natural Nallah is flowing from the hillock to the river and adjoining the same nallah just below the main road one house is located and kitchen waste and solid waste of the said house is directly coming into the same nallah which ultimately goes into the river. The photographs showing the spot is annexed herewith as Annexure-B. (vii) That the water through one culvert is also coming from upper side which culvert has constructed by C&C Construction Company and the same culvert is also bringing dirt into the river from the upper side village Bagian. The pradhan and other persons on the same village were also present on the spot and they told that due to shortage of funds in Panchayat the construction of soak pit could not be done and if the fund is provided then the same shall be constructed and the kitchen waste can be stop from coming into the river through the same culvert. That with the consultation of Ld. Additional Advocate General, Ld. Advocate appearing on behalf of M.C.Shimla, Superintending Engineer Pollution Control Board and Sub- Divisional Magistrate Theog Shri Mohan Dutt and also other government officials who were present on the spot it was observed and found appropriate as under:- Suggestive measures to stop the pollution/water contamination on the spot. That with the consultation of Ld. Additional Advocate General, Ld. Advocate appearing on behalf of M.C.Shimla, Superintending Engineer Pollution Control Board and Sub- Divisional Magistrate Theog Shri Mohan Dutt and also other government officials who were present on the spot it was observed and found appropriate as under:- Suggestive measures to stop the pollution/water contamination on the spot. (a) To develop a park on the spot in between river bank and house/shops by the side of the road in such a manner that by raising level of the river bank throughout the Bazaar by dumping soil on the spot and if ground level is raised by putting crate wall/retaining wall by the side of the river bank to height of 10 feet or so by settling of soil on the spot. There is ample space available on the spot as the some part of the land is belonging to the private persons who are ready to donate the same land to the park and some part of the land belongs to the State of H.P. After completion of construction of park, the proper surveillance can be handed over to the police of Chailla and in the park entry gate can be installed so as to check free visit of the persons to the river bank. This proposal is practical possible on the spot with the active participation of the Government. This will not only check littering of the waste into the river but also improve the existing sanitation condition on the spot and the same can be point of attraction. (b) The river bank near habitation should be fenced with artificial as well as natural fencing i.e. by shrubs which shall also enhance the scenic beauty of the river bank. (c) That all habitation near river can be treated/given special status and special norms can be formed to control water pollution in the river throughout the State of Himachal Pradesh. (d) That if Hon’ble Court deems fit then direction can be passed with regard to future construction which will take place river bank to the effect that the person who will construct a building within the radius of 10 meter from the river bed shall mandatory construct septic tank/soak pits as their own expenses so as to curb the pollution. (d) That if Hon’ble Court deems fit then direction can be passed with regard to future construction which will take place river bank to the effect that the person who will construct a building within the radius of 10 meter from the river bed shall mandatory construct septic tank/soak pits as their own expenses so as to curb the pollution. That undersigned inspected the spot thoroughly along with the officials concerned as referred above and detail report in this regard is being submitted for the kind perusal of the Hon’ble Court.” 11. Having perused suggestions contained in the report, this Court was of the view that suggestions need to be implemented as the same would be in public interest. Only question which arose for the consideration of this Court at that stage was that who would bear the cost. Prima facie, this Court was of the view that it was the duty and obligation of the State to do so, but this Court also observed in order dated 6.9.2018 that the same can also be done by public participation, more particularly, when the private parties, were ready and willing to donate land and contribute for the project. Accordingly, this Court vide order dated 6.9.2018 directed the Member Secretary, H.P. State Pollution Control Board to convene a meeting with all the concerned officers and take a decision with regard to the same and file his personal affidavit. 12. Pursuant to order dated 6.9.2018, Member Secretary, H.P. State Pollution Control Board, filed his personal affidavit disclosing therein that in compliance of order dated 6.9.2018 a meeting was convened in the office of H.P. State Pollution Control Board, Shimla on 12.9.2018 with the stake holder departments/implementing agencies. During aforesaid meeting, report submitted by Advocates Committee was discussed and certain decisions were taken:- “During the meeting, major cause of water contamination pointed out by the Advocates committee were discussed and latest position/status is as follows: 1. Incomplete construction of septic tank of police chowki/chailla: The ASI Chailla apprised that the construction work of septic tank is complete in all respects. 2. Improper management of kitchen waste by C&C Company: Sh Ashok Rajan (representative of C & C Company) has submitted corrective compliance has been done and assured to adhere to the directions in a modest and correct demeanor. 3. 2. Improper management of kitchen waste by C&C Company: Sh Ashok Rajan (representative of C & C Company) has submitted corrective compliance has been done and assured to adhere to the directions in a modest and correct demeanor. 3. Free visits of people to the river bank and throwing of solid waste into river: Representative of Municipal Council, Theog apprised that approximately 6-7 quintal of waste is collected from jurisdiction of Municipal Council, Theog which is being transported in two trips to Waste Processing Site of Municipal Corporation, Shimla. Further it was decided that garbage shall be collected by the concerned Panchayats and transported to Municipal Council, Theog. Transpiration expenses can be borne by imposing user fees on the individuals and commercial establishments at Chailla. Municipal Council, Theiog will transport the waste received from Chailla to Waste Processing Site, Shimla. To check/prohibit throwing of solid waste into the river, proper fencing will be done in this regard BDO, Theog has already submitted the estimate to the Deputy Commissioner, Shimla for fencing along the river beds and solid waste disposal unit. (Action by BDO Theog/Gram Panchayats/MC Theog) 4. Dumping of soil/debris close to river bank by C&C Company: It was apprised by Sh Ashok Rajan, Sr.Manager (representative of C&C Company) that excavation work at this point has been finished in the year 2016. The Member Secretary, H.P. State Pollution Control Board directed the Police authorities to intimate the local administration regarding illegal dumping of debris and to initiate action against the defaulters, BDO, Theog will coordinate through the concerned Panchayats. (Action by Police Authorities/BDO Theog through Panchayats) 5. Unauthorized construction of temporary sheds/Jhughi along with river side: During meeting, the BDO, Theog has apprised that now there is no Jhughi along with river side on the said spot. Regular check shall be done by police authorities/local administration/Gram Panchayat so that this practice is avoided. 6. Free flow of water through culvert into river: Pradhan Gram Panchayat, Ghoond apprised that C&C Company has not completed the drains at Chailla and due to which water gets accumulated and causing problem. The representative of C&C Company apprised that the work is in progress and it will be completed in due course. Gram Panchayat, Ghoond and Bhagain along with I&PH department shall ensure that every individual (residential or commercial) shall make provisions of the septic tank and soak pits for disposal of sewage and sullage. The representative of C&C Company apprised that the work is in progress and it will be completed in due course. Gram Panchayat, Ghoond and Bhagain along with I&PH department shall ensure that every individual (residential or commercial) shall make provisions of the septic tank and soak pits for disposal of sewage and sullage. No waste water shall be directly discharged to these drains towards river beds. (Action by Gram Panchayats, I & PH Department, C & C Company, HPRIDC (National Highway Division, Theog) Plan of action w.r.t. suggestive measures to stop the pollution/water contamination on the spot as pointed out by the Advocates Committee: a. Park development: It was discussed that before making proposal/estimate, the area needs to be demarcated by the Revenue authorities. The BDO, Theog apprised that at present situation it is not possible to conduct the demarcation due to long weeds/shrubs at the site. At this juncture Executive Engineer, HPPWD Department agreed that labour shall be deployed to remove the shrubs and clean up the area so that it can be easily demarcated for the purpose of working out the Proposal and Estimate for construction of park. It was further decided that Urban Development shall deploy the landscape expert/architect who shall conduct the survey on 19.09.2018 along with representative of Tourism Department to make the Proposal and Estimate for construction of park. The representative of Tourism Department assured to explore the possibility for funds for construction of park. The Proposal/Estimate shall be submitted to Deputy Commissioner, Shimla and Tourism Department for further necessary action. The Member Secretary, HPSPCB suggested acupressure track may also be proposed in the park. It was discussed that the above concerned to submit the detailed report within 15 days. (Action by SDM Theog/Urban Development/Rural Development/Tourism Department) b. The Forest Department to coordinate with the concerned Panchayats for plantation along the river for clean environment. BDO, Theog has already submitted the estimate to the Deputy Commissioner, Shimla for fencing along the river beds. (Action by Forest Department/BDO Theog) c-d It was discussed that while issuing the NOC for release of water and power connection for construction of building the Gram Panchayat should incorporate the condition that individual shall provide septic tank and soak pits. I & PH Department and HPSEB Ltd. while issuing permanent power and water connection, shall ensure whether individual has provided septic tank and soak pit. I & PH Department and HPSEB Ltd. while issuing permanent power and water connection, shall ensure whether individual has provided septic tank and soak pit. (Action by Gram Panchayats, I & PH Department and HPSEBL) In addition to above following issues were discussed and deliberated. Pradhan Gram Panchayat, Ghoond has apprised that 10 numbers of waste collection bins in Chailla area has been provided and there are approximately 96 numbers of shops and commercial establishments in Chailla, out of which about 10 numbers are running dhabhas. The garbage generated is being dumped in the open pits. Representative of Department of Rural Development apprised that the funds which are available with Rural Development & Panchayati Raj are released at District level and are not transferred directly to Panchayat. It was decided that Department of Rural Development shall take necessary action as per rule no.13 of Solid Waste Rules, 2016, wherein following function has to be performed: (a) prepare a state policy and solid waste management strategy for the state or the union territory in consultation with stakeholders including representative of waste pickers, self help group and similar groups working in the field of waste management consistent with these rules, national policy on solid waste management and national urban sanitation policy of the ministry of urban development, in a period not later than one year from the date of notification of these rules; (b) while preparing State policy and strategy on solid waste management, lay emphasis on waste reduction, reuse, recycling, recovery and optimum utilization of various components of solid waste to ensure minimization of waste going to the landfill and minimize impact of sold waste on human health and environment; (c) state policies and strategies should acknowledge the primary role played by the informal sector of waste pickers, waster collectors and recycling industry in reducing waste and provide broad guidelines regarding integration of waste picker or informal waste collectors in the waste management system. (d) ensure implementation of provisions of these rules by all local authorities; (e) direct the town planning department of the State to ensure that master plan of every city in the State or Union territory provisions for setting up of solid waste processing and disposal facilities except for the cities who are members of common waste processing facility or regional sanitary landfill for a group of cities; and (f) ensure identification and allocation of suitable land to the local bodies within one year for setting up of processing and disposal facilities for solid waste and incorporate them in the master plans (land use plan) of the State or as the case may be, cities through metropolitan and district planning committees or town and country planning department; (Action by Rural Development) The BDO, Theog was directed to submit the Plan for collection/transportation and disposal of garbage at Chailla to Municipal Council, Theog which shall be further transported to Waste Processing Site, Shimla. He apprised that there are no additional funds available in this office. However, it was informed by BDO, Theog that estimate to the Deputy Commissioner, Shimla for fencing along the river beds and garbage disposal unit has already been submitted. (Action by Rural Development) The Member Secretary, H.P. State Pollution Control Board apprised that Department of Environment, Science and Technology, Government of Himachal Pradesh has empowered various departments under Himachal Pradesh Non-Biodegradable Act, 1995 for compounding the offences related to littering. The copy of notification was also circulated. The stake holders said that they don’t have Challan books. Further it was decided that respective representative/department/stake holders take up the matter with the Department of Environment, Science and Technology, Government of Himachal Pradesh to issue the Challan books. (Action by Department of Environment, Science and Technology, Government of Himachal Pradesh) It was decided that special cleanliness drive shall be started on 24th September, 2018 and if found, challan for littering will be done. (Action by Gram Panchayats/ Local Administration/Police Authorities/ Pollution Control Board) It was decided that the awareness campaign shall be conducted by the BDO, Theog I & PH Department and Pollution Control Board along with concerned Panchayat w.r.t. construction of septic tank and soak pit and littering of non-biodegradable waste. (Action by Gram Panchayats/ Local Administration/Police Authorities/ Pollution Control Board) It was decided that the awareness campaign shall be conducted by the BDO, Theog I & PH Department and Pollution Control Board along with concerned Panchayat w.r.t. construction of septic tank and soak pit and littering of non-biodegradable waste. The Pollution Control Board shall fix the hoardings to make aware the general public regarding the fine which shall be imposed against the defaulters found littering of non-biodegradable waste. (Action by local Administration, I&PH Department, Pollution Control Board Gram Panchayat) It was also decided that I&PH Department and Pollution Control Board shall conduct joint sampling of water from the khad/rivulet at Chailla and I&PH Department shall take necessary action as desired. (Action by I&PH Department, Pollution Control Board) Both the Panchayats shall form local committee as their own level for daily surveillance and report to the concerned authorities for necessary action. (Action by BDO Theog, Gram Panchayats) SDM Theog as he was not present in the meeting is directed to coordinate with BDO Theog and local officer for the implementation of suggestion given by Advocates. (Action by SDM Theog) 13. Since certain remedial measures were proposed to be taken by the Committee, this Court directed, Deputy Commissioner, Shimla to file his personal affidavit specifically dealing with the issue with regard to funding of the project. Pursuant to aforesaid direction issued by this Court, Deputy Commissioner, Shimla, filed his affidavit stating therein as under:- “2. That in compliance to the directions issued by the Hon’ble High Court, it is submitted that the funds in the office of the replying deponent are received from government under the 5% SDP (Sectoral Decentralized Planning) Head. 3. That as per the SDP guidelines, this fund is to be disbursed amongst all the 363 Panchayats of the District for providing missing links in road connectivity, water supply schemes, Community Centres, Shamshanghats, Rain shelters and other assets so created for benefit of the community. 4. That from the perusal of the affidavit filed by the Member Secretary H.P. State Pollution Control Board, it has been found that at present the funds are required to be provided for the fencing along the river bed at Chailla and for the construction of park. 4. That from the perusal of the affidavit filed by the Member Secretary H.P. State Pollution Control Board, it has been found that at present the funds are required to be provided for the fencing along the river bed at Chailla and for the construction of park. In this regard it is submitted that the Block Development Officer, Theog has prepared the estimate of Rs.9,05,500 for construction of drainage and soak pits in Village Chailla, Lalupul, Mipul and fencing of the river bed at Chailla. The copy of the estimate has been sent to the Director, Rural Development Department Shimla vide letter No. DRDA(S) SBM(Rural)-2014-15-Vol-XVI-2388-90 dated 27.6.2018 for sanction of the said amount but till date no sanction of the said amount has been received. The copy of the letter No.DRDA(S) SBM (Rural)-2014-15-Vol-XVI-2388-90- dated 27.6.2018 is annexed as annexure R/1. 5. That as far as the requirement of funds for construction of park at Chailla is concerned in this regard it is submitted that no proposal qua the construction of park has been received in this office till date. However, it is submitted that the funds for the construction of the park are to be provided by the Tourism department as under the (Sectoral Decentralized Planning) Head, small funds are provided for construction of missing links in road connectivity, water supply schemes, Community Centres, Shamshanghats, Rain sheltrs and other assets so created for benefit of the community approximately in equal share in all the 363 panchayats of the district. The compliance affidavit may please be taken on record and appropriate orders be passed after taking into account the above mentioned averments.” 14. Having carefully perused status reports, as well as affidavits in response thereto filed by authorities concerned, this Court finds that contents of news items contained in “Amar Ujala”, which came to be registered as Public Interest Litigation, are true and situation on the ground is very alarming and incase remedial measures, as proposed and suggested by various authorities including H.P. State Pollution Control Board as well as Advocates Committee, are not taken with utmost promptitude there may be outbreak of epidemic. It appears that respondents have not learnt lesson from the similar kind of situation happened in Ashwani Khad, Shimla, which not only took ghastly shape of epidemic, but also many persons lost their lives. It appears that respondents have not learnt lesson from the similar kind of situation happened in Ashwani Khad, Shimla, which not only took ghastly shape of epidemic, but also many persons lost their lives. State being welfare State is under obligation to provide clean drinking water to its residents, but, this Court, having perused material available before it, has no hesitation to conclude that authorities, responsible for maintaining hygiene in and around water sources, are least bothered and they are in deep slumber. It may be noticed that at the time of issuance of notice, respondent-State was not only in total denial mode, but persistently claimed before this Court that everything is fine on the spot, but, subsequently, the reports indicating polluting of Giri River came to be filed in the Court through their officers. Though, this Court having perused report of Joint Inspection Committee would have not hesitated to recommend action against erring officers/officials, but taking note of the fact that now certain steps have been taken to salvage the situation, this Court restrained itself from taking such action. 15. Since certain decisions have been taken by the authorities to prevent pollution in River Giri at Chailla, this Court sees no reason to keep the present petition alive, however, before parting deems it necessary to issue following directions:- (1) Deputy Commissioner, Shimla as well as Member Secretary, H.P. State Pollution Control Board, Himachal Pradesh shall ensure implementation of suggestions as well as remedial measures contained in proceedings of the meeting held on 12.9.2018 at Conference Hall of H.P. State Pollution Control Board in compliance to order dated 6.9.2018 passed by this Court. (2) Deputy Commissioner, Shimla, shall ensure that adequate funds are made available for implementation of suggestions/remedial work to be done at the spot. Since matter is directly linked with the health of general public, this Court hopes and trust that necessary funds are provided on the top most priority so that remedial steps are taken on spot at the earliest and no danger is posed to the health of the public at large. In case Deputy Commissioner, Shimla, finds it difficult to arrange the funds, he shall take up the matter with Chief Secretary to the Government of Himachal Pradesh, who, in turn, shall ensure that adequate funds are made available without any delay. In case Deputy Commissioner, Shimla, finds it difficult to arrange the funds, he shall take up the matter with Chief Secretary to the Government of Himachal Pradesh, who, in turn, shall ensure that adequate funds are made available without any delay. Necessary affidavit of compliance shall be filed by Deputy Commissioner, Shimla within a period of two weeks with the Registry of this Court. Registry after having received affidavit shall place the matter before this Court. 16. We also wish to place on record appreciation qua the efforts put in by Mr. Ramakant Sharma, Senior Advocate as Amicus Curiae, who, on the instructions of this Court, obtained necessary feed back. 17. Registry is directed to send a copy of this judgment to the Chief Secretary to the Government of Himachal Pradesh, Deputy Commissioner, Shimla as well as Member Secretary, H.P. State Pollution Control Board, Himachal Pradesh for necessary action at their end.