Court On Its Own Motion v. State Of Himachal Pradesh
2018-03-06
AJAY MOHAN GOEL, SANJAY KAROL
body2018
DigiLaw.ai
JUDGMENT Sanjay Karol, A.C.J —On 15.12.2017, this Court passed the following interim order: "During the course of hearing of a matter pertaining to the Municipal Corporation, Shimla, when issue with regard to the sanitation and collection of garbage came up for hearing, Mr. Shrawan Dogra, learned Advocate General and Mr. Hamender Chandel, learned counsel for the Corporation handed over ''Status Note on SEHB Society'', so prepared by the Municipal Corporation, Shimla. The same was directed to be treated as a Public Interest Litigation and the Registry directed to list the matter before the Court on its own motion. 2. SEHB Society, through its Member Secretary, is impleaded as party respondent No. 4. Registry is directed to carry out necessary correction in the memo of parties. Mr. Hamender Chandel, Advocate, has also entered appearance on behalf of the said respondent. 3. At present, within the municipal limits of Municipal Corporation, Shimla, collection, transportation and scientific disposal of waste, which is commonly known as municipal waste, so generated within the town, is controlled and managed by a Society formed by the Municipal Corporation, Shimla, under the name of SEHB Society. 4. Hundred percent of collection of garbage from households, commercial establishments and other categories generating municipal waste is collected on door to door basis. For such purpose, the Municipal Corporation/Society has engaged 3 Coordinators, 32 Ward Supervisors, 473 garbage collectors and 8 persons who are monitoring the activities from the office. 5. From the Status Note it is also evident that for cleanliness of the streets, 306 regular and 4 daily wagers stand employed by the Corporation. Additionally 254 persons are engaged by the Society for the said purpose. 6. Municipal waste so collected is physically transported in 43 garbage collection vehicles and processed at the Waste to Energy Plant set up at village Bhariyal which also is essentially under the control of Municipal Corporation, Shimla for which, both the Corporation and the Society have engaged 11 and 39 drivers, respectively. 7. It is noted that in Shimla town there are 39717 houses from where such garbage is being collected. However there is a mismatch between the expenditure incurred by the Corporation/Society and the money collected as user charges from such households and the difference is substantial. For example, in the month of November, 2017, the total collection is of Rs. 29, 27, 005/- whereas, expenditure incurred is Rs. 40, 61, 422/-.
However there is a mismatch between the expenditure incurred by the Corporation/Society and the money collected as user charges from such households and the difference is substantial. For example, in the month of November, 2017, the total collection is of Rs. 29, 27, 005/- whereas, expenditure incurred is Rs. 40, 61, 422/-. The total number of employees engaged by the Society alone is 834 to whom wages and other emoluments have to be paid in accordance with law. There cannot be any relaxation of the same. Also they have to be paid in time. 8. It is in this backdrop, we are of the considered view that applying the principle of ''Polluter Pays'' and social corporate responsibility for commercial establishments, the amount of charges being paid needs to be enhanced so as to match-up with the expenses incurred by the Corporation/Society. 9. We notice that from the residential premises the amount charged is just Rs. 50/- per month and the maximum amount recoverable from the hotels including star hotels/banquet hall/hotels is Rs. 2000/- per month and Rs. 2000/- per trip on demand. 10. It is in this backdrop we appoint a six member Committee to be headed by the Commissioner, Municipal Corporation, Shimla of which following shall be the Members: (i) One resident of the town to be nominated by the Mayor; (ii) Sh. Anup Rattan, Addl. Advocate General who is otherwise member of the SEHB Society; (iii) Representative of Vyapar Mandal of Shimla which could be its President or the Secretary or any one of their nominees; (iv) Representative of the Hotels Association, Shimla; and (v) A nominee of Pollution Control Board. 11. We direct the Committee to convene its meeting within three days. Further the Committee shall submit its report before the next date of hearing. List on 5th January, 2018. 12. Till such time a formal decision is taken on the report of the Committee, which we understand would further take time for it to be formalized, we deem it appropriate, in larger public interest, to direct that by way of an interim measure, the amount paid by each of the consumers be enhanced and recovered in the following manner: (a) From the persons falling in the category of household Rs. 75/- per month instead of Rs. 50/- per month; and (b) with respect to all other categories double the amount charged as on date. 13.
75/- per month instead of Rs. 50/- per month; and (b) with respect to all other categories double the amount charged as on date. 13. We are constrained to pass such order considering the fact that the amount came to be fixed w.e.f. 1.9.2014 and there has been no revision since then. Also there cannot be any deficit in the actual expenditure and the amount recovered. We clarify that the amount so paid by the consumers shall be subject to adjustment against the rates which may finally be determined by the Committee and fixed by the authorities. Also the amount so recovered by the Society shall be utilized only for the purposes of collection and disposal of the garbage/municipal waste and for no other purpose. Also services of the employees engaged by the Society shall be utilized only for such purpose and for no other work of the Municipal Corporation. List on 5.1.2018." 2. "Status Note on SEHB Society", which was treated as a Letter Petition, was monitored by this Court from time to time, which led to the passing of aforesaid order. 3. On 3.1.3018, the Commissioner, Municipal Corporation, Shimla (hereinafter referred to as the Commissioner) , filed an affidavit, stating that the Committee constituted had taken the decision to enhance the rates for garbage collection, within Municipal Shimla Town. 4. On 5.3.2018, the very same Officer filed another affidavit, placing on record Office Order dated 5.3.2018, issued by the Municipal Corporation, Shimla, indicating that the revised charges, for door-to-door garbage collection, stood approved by the General House of the Corporation, vide Resolution No.3(15) dated 27.1.2018. The same were to be effective from 1.1.2018. 5. We notice that the enhancement varies from Rs. 70/- for a residential house having an area of less than 2000 square feet to Rs. 16, 000/- plus, for commercial establishments, like special hotels. We also notice that the imposition of charges is broad based, covering larger number of persons/institutions. 6. The Commissioner has also explained that in all there are 824 workers engaged in the activity of collection of garbage from door-to-door and all of them are being paid wages and salary as per Rules and within time. 7. It further stands explained that News Item dated 27.2.2018, reported certain embezzlement of funds by the employees of the society. Cognizance of the matter stands taken. 8.
7. It further stands explained that News Item dated 27.2.2018, reported certain embezzlement of funds by the employees of the society. Cognizance of the matter stands taken. 8. In view of intervening developments, we are of the considered view that with the action having been taken by the authorities, no fruitful purpose would be served by keeping the present petition pending, which we dispose of with the direction that inquiry qua embezzlement shall positively be taken to its logical end, expeditiously and preferably within a period of six months from today. 9. We clarify that we have not adverted to the issue of embezzlement, in detail, so as to avoid prejudice to the affected parties. 10. We further direct that the Commissioner shall ensure that the accounts of the Society are audited periodically and report, if so required, placed before the appropriate authority for necessary action. 11. We place on record our appreciation for the assistance rendered by Ms Monika Mittal, learned Amicus, who, on the instructions of this Court, contacted the letter petitioner and obtained necessary feedback. 12. Registry is directed to send a copy of this judgment to the Commissioner, Municipal Corporation, Shimla. In view of the above we close the present proceedings. Pending application, if any, also stands disposed of.