High Court's Environmental Blitz: Himachal Pradesh Faces the Music...Hills of Himachal hope to a have breather from littering...
SHIMLA: In a recent landmark ruling , the High Court of Himachal Pradesh, led by the formidable duo of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja, unleashed a torrent of directives aimed at reshaping Himachal environmental mountainscape.
This comprehensive order tackles head-on the pressing issues of waste management and environmental compliance, signaling a paradigm shift in the state's approach to sustainability.
In a comprehensive order issued by the division bench the high court has set the stage for Shimla Taking Center Stage.
Shimla, the crown jewel of Himachal, is slated for a revolutionary makeover in waste management.
The court has decreed that it shall serve as the shining example for other urban centers to emulate.
But it's not all talk; the court demands action, urging a swift overhaul of the Municipal Corporation Act to sync up with contemporary environmental statutes, including the Solid Waste Management Rules (SWMR) 2016 and the Plastic Waste Management Rules (PWMR) 2016.
No corner of Shimla shall be spared, as even informal settlements are roped into the garbage collection regime, with a strict mandate to obtain garbage IDs promptly.
Cracking the Whip: Penalties and Enforcement
Litterbugs beware! The Municipal Corporation of Shimla is under strict orders to crack down on those who dare defile public spaces with their refuse.
Signboards detailing penalties will soon grace hotspots, serving as a stark reminder of the consequences of environmental negligence.
And for those who turn a blind eye, hefty fines await.
Land Matters: Monitoring and Buffer Zones
Land allocation for waste management is no trifling matter.
The court demands meticulous oversight, with Deputy Commissioners and Magistrates tasked with regular monitoring to ensure compliance with the SWM Rules of 2016.
Moreover, the creation of buffer zones around waste management sites is non-negotiable, aimed at mitigating environmental impact and preserving the sanctity of surrounding areas.
Paying the Price: Rationalizing Charges
Waste management isn't free, and it's high time the bill came due.
Urban Local Bodies (ULBs) are instructed to rationalize user charges, ensuring that the costs of collection, transportation, and processing are borne by those who benefit.
Non-payment is not an option, with delinquent charges tacked onto property tax bills.
Banishing the Plastic Peril
Plastic flexi banners, long considered a blight on the landscape, face the chopping block.
The Chief Secretary holds the fate of these eyesores in their hands, with a looming ban on the horizon.
In the interim, unauthorized banners in Shimla are slated for removal, with the culprits footing the bill.
Elevating Extended Producer Responsibility (EPR)
Producers, importers, and brand owners take heed – the era of accountability has arrived.
The court mandates swift registration under EPR regulations, with strict enforcement measures for those who falter.
Collaboration with local waste processors is imperative, with quarterly reports mandated to track progress.
A Call to Action: Cleaning Up Himachal
This isn't just a legal decree; it's a rallying cry for environmental stewardship.
Himachal Pradesh stands at a crossroads, with the High Court paving the way for a greener, cleaner future.
The gauntlet has been thrown down – will the state and its pollution regulators and municipalities and other agencies rise to the challenge?
Agencies on Notice: Who's Doing What?
Municipal Corporation of Shimla: Tasked with expanding garbage collection to all dwellings, imposing penalties for littering, and conducting training sessions for staff and councilors.
Deputy Commissioners and Magistrates: Responsible for monitoring land allocation activities for waste management and ensuring compliance with SWM Rules.
-Chief Secretary of Himachal Pradesh: Given authority to decide on the ban of plastic flexi banners and to oversee their removal in Shimla.
Himachal Pradesh State Pollution Control Board (HPSPCB)
Directed to support EPR registration, disseminate orders, and ensure compliance, including imposing penalties on defaulting entities.
Producers, Importers, and Brand Owners (PIBOs):
Required to register under EPR, collaborate with waste management agencies, and report quarterly on waste processing.
Waste Management Agencies (WMAs):
Mandated to provide necessary details to HPSPCB, ensuring compliance with directives, and facing penalties for non-compliance.
Urban Local Bodies (ULBs):
Responsible for rationalizing waste management charges, ensuring proper waste storage, and collaborating with Gram Panchayats for effective waste management.
Baddi-Barotiwala-Nalagarh Development Authority (BBNDA) and Jawahar Bal Bhavan (JBB
Directed to remove legacy waste from Kenduwal site before the monsoon season and create a buffer zone.
The case -Suleman vs Others has been scheduled for hearing on 20.06.2024.
High Court appreciated the assistance of Deven Khanna, advocate for the petitioner in the Suleman others vs union of India and others case in passing the order and directives.
