Court on its Own Motion v. State of Himachal Pradesh
2025-05-15
G.S. SANDHAWALILA, RANJAN SHARMA
body2025
DigiLaw.ai
JUDGMENT : G.S. Sandhawalia, CJ. 1. The present Public Interest Litigation as such was initiated on the strength of the Newspaperreport dated 16.05.2023 (Annexure P-1), wherein it was reported that a memorandum had been submitted against waste dumping on Neugal river bank to the Commissioner, Municipal Corporation, Palampur by a local NGO. The waste had severely polluted the water of the river, which was the source of drinking water of the area. 2. Vide Order dated 14.06.2023, the Secretary, District Legal Services Authority, Kangra (for short "the DLSA") was directed to get the inspection done of the bank of the said river and report as to whether there was still dumping of garbage on the bank of the river and whether steps were being taken by the Municipal Corporation, as stated in its reply. 3. In compliance to the aforesaid order, the Secretary, DLSA had visited the spot on 25.07.2023 after giving notices to the parties and submitted her report dated 08.08.2023, wherein it was reported that the matter related to dumping in the Solid Waste Management Plant (for short “the Plant”), situated at AIMA, Palampur. On the spot, it was found that there was no fresh dumping on the banks of the river. A foul smell like some organic pits called ‘Honeycomb Pits’ was emanating, (as per photographs C&D). Some chemical was added in the waste in those pits, which caused foul smell. It was noticed that there was no house immediately near to the Plant, though some houses were situated across the river, as shown in photographs G&H. However, the possibility of foul smell reaching nearby houses/buildings in windy weather could not be ruled out. However, a chemical was sprayed in order to suppress the smell of the garbage and also to kill the flies. 4. On the spot, only two soak pits were found in which some plants were planted to treat the waste water by providing root zone treatment (as shown in photographs L&M), instead of three soak pits, as reported by the Commissioner in his reply. 5. As per the reply of the the Commissioner, two Organic Waste Convertor Machines having capacity of 1700 kg per day each, were being installed at the Plant, which were to be made functional within 60 days from 30.05.2023.
5. As per the reply of the the Commissioner, two Organic Waste Convertor Machines having capacity of 1700 kg per day each, were being installed at the Plant, which were to be made functional within 60 days from 30.05.2023. But on 25.07.2023, i.e. on the day of visit by the Secretary, DLSA, the aforesaid machines were found to be installed, but were not functional. The Commissioner in his statement (Annexure-2) had stated that by 30.07.2023, the said machines would be made functional. But on 04.08.2023, when the Secretary, DLSA again visited the site, she found that still the aforesaid machines were not functional, however, the construction work of the shed was in progress as the machines were stated to be made functional after completing the construction work of the shed, as shown in photographs N&O. 6. One shredder having capacity of 1000 kg per hour was made functional. A provision was also made in the tender of door to door garbage collection for the year 2023-2024. 7. It was noticed that extract of garbage waste from Honeycomb Pits and liquid from remaining garbage was going through the drain, mixing in the water and later on, this water through the soak pits was again going downward and water was finally mixing up with the water of the river (as reflected in photographs Q to U). Therefore, the claim of the Municipal Corporation that the river was not being polluted, was not found to be true. 8. The issue of rainy water flowing from the Plant to the lower area and mixing of the same with water of the river was highlighted. The residue of the Plant was still mixing with waste/chemicals and flowing towards the river. 9. Resultantly, vide dated 22.11.2023, a fresh status report was directed to be filed with regard to paragraphs No. 2(i) to 2(viii) of the report of the Secretary, DLSA as well as to paragraph No. 4 of the reply filed by respondent No. 2-H.P. State Pollution Control Board. 10. On 10.06.2024, the Secretary, DLSA was again asked to inspect the area in question and file a fresh status report, after being supplied a copy of the report/compliance afÏdavit filed by the Commissioner, Municipal Corporation, Palampur. 11.
10. On 10.06.2024, the Secretary, DLSA was again asked to inspect the area in question and file a fresh status report, after being supplied a copy of the report/compliance afÏdavit filed by the Commissioner, Municipal Corporation, Palampur. 11. In compliance to the order dated 10.06.2024, status report dated 18.07.2024 was filed by Secretary, DLSA, wherein it was mentioned that two Organic Waste Convertor Machines were installed at the Plant which were also functional (as per photograph Q). The shredder was also found to be functional at the Plant and plastic was being shredded in the said Plant. One Trommel Machine was also found to be functional at the site (as shown in photograph R). It was highlighted that there was no proper drainage system, as mentioned earlier, and the rain water mixed up with all kind of dirty water flowing towards the river. It was noted that Honeycomb Pits were empty and dirty water from the garbage lying in the Plant was flowing through the holes in the retaining wall and was finally mixing up in the drain with the rain water, (as shown in photographs H to P) and was going towards the soak pits and finally mixing up with the river. 12. Resultantly, the Co-ordinate Bench on 25.09.2024 noticed that the SWM Plant was located in close proximity to the said river and the Municipal Corporation, Palampur was directed to address the issue as to how it proposed to clear the way for excess rain water which flowed away from SWM Plant causing pollution to Neugal river. 13. Vide order dated 03.01.2025, Counsel for respondent No. 4-Commissioner, Municipal Corporation, Palampur was directed to seek necessary instructions in view of the aforesaid order dated25.09.2024. 14. In compliance to the order passed on 03.01.2025, respondent No. 4-Municipal Corporation, Palampur, has filed its afÏdavit dated 08.05.2025, wherein it has been mentioned that the Plant is approximately more than 80 meters away from the river bank and the Municipal Corporation has constructed a drainage system to channel the water flow towards soak pits, where it is treated through root zone technology, which effectively prevents any harmful discharge from entering the river. Even the reports of the test samples taken from the random water of the river have been found to be satisfactory and within permissible limits, (copy of the sample report is annexed as Annexure R-1). 15.
Even the reports of the test samples taken from the random water of the river have been found to be satisfactory and within permissible limits, (copy of the sample report is annexed as Annexure R-1). 15. Photographs of the drains are appended with the status report as Annexure R-2, the perusal of which shows that during the monsoon season, the excess rain water is collected through the drainages of of the size of approximately 0.6 x 0.6 meters. It is also mentioned that iron racks with different opening size have been placed at the mouth of these drains to prevent flow of plastic towards the river. The plastic gets trapped at these racks and only excess water flows, through which it does not cause any further pollution. Photographs of the drainage and racks have also been annexed with the status report as Annexure R-3. 16. It has further been mentioned in the status report that water from garbage flows only in monsoon season and during winter and summer seasons, no water flows through the garbage. To prevent the flow of water from the garbage in monsoon season, 4.5 meter concrete path has been constructed by removing and treating the garbage lying there (as shown in photograps-Annexure R-5. 17. It is also mentioned that Trommel Machine is installed to clear the waste, which segregates plastic and other combustible materials from non-combustible materials such as sand and metal. 18. The Municipal Corporation, Palampur has sent approximately 1100 metric ton of Refused Derived Fuel (RDF) to cement plants and cleared approximately 2500 metric ton of garbage from the area till March, 2025. 19. Thus, apparently from the latest status report, it is seen that steps have been taken by the Municipal Corporation on account of intervention by the Court and with the help of the reports of the DSLA as such to redress the issues which were being apprehended by the residents of the area. 20. Resultantly, we are of the considered opinion, at this stage, that the closure of the case is required as the purpose has been achieved. However, it is made clear that it is open to the affected persons to file an application, in case the steps which have been taken, are not continued by the Municipal Corporation while running the Plant as such. 21. Accordingly, the petition is closed.