High Court of Himachal Pradesh Orders Stringent Implementation of Solid Waste Management Laws

Shimla, Himachal Pradesh: In a significant development in the ongoing environmental case of Suleman vs. Union of India 2369 of 2018, the Himachal Pradesh High Court, presided over by Justice Tarlok Singh Chauhan, has taken a decisive step towards addressing the persistent issue of garbage and solid waste management in the state.

In the latest hearing on November 16, 2023, the court expressed concern over the lack of progress due to the disjointed efforts of various stakeholders. In an unprecedented move, the Chief Secretary to the Government of Himachal Pradesh, Mr. Prabodh Saxena, was summoned for a personal appearance. Accompanied by other high-ranking officials, Mr. Saxena assured the court of the state’s commitment to developing a clear roadmap for implementing environmental laws.

Key Highlights of the Recent Order

Directives Issued by the Court

Compliance with Suggestions: The court directed all Local Urban Bodies (ULBs) to comply with the suggestions provided by the State Pollution Control Board for scientific solid waste management. Any difficulties in compliance must be addressed through affidavits.
Affidavits from Top Officials: The Chief Secretary, the Secretary of Rural Development, and Panchayati Raj are required to file affidavits outlining a detailed plan for the effective implementation of environmental laws.
Report on PIBOs: The Deputy Solicitor General of India, representing the Central Pollution Control Board, is directed to submit an action report on the compliance of PIBOs with the Plastic Waste Management Rules, 2016. Further, the report on fulfillment of responsibility by Producers, Importers, and Brand Owners (PIBOs) in waste processing is prayed to be placed on record.

The court has directed all concerned authorities to collect solid and wet waste separately and transport them separately by engaging specified vehicles. It has also given all municipal authorities two weeks’ time to augment their resources to comply with the order.

The responsibility of implementing this order shall be upon the concerned Commissioner(s), Municipal Corporations, Secretary Municipal Councils, Executive Officers, and Secretary Nagar Panchayats, who shall file their personal affidavit(s) regarding the implementation of this order by the next date of hearing.

The court has also directed the Municipal Corporation to give wide publicity to toll-free number 9805201916 through print, news, and electronic media advertisements. Toll free/ help line number is for making complaints pertaining to garbage in hillsides, roadside and streams .
Reported in ; HP High Court Order an Immediate Halt of Dumping of Garbage in Streams, Rivers, Hillsides; Dial Toll Free Number 9805201916 for Any Complaint – HimbuMail

In a bid to ensure that the Solid Waste Project at Kullu becomes functional by the next hearing, the concerned respondents, including UDD, HPPSC, and MC Kullu, have been directed to ensure no waste is dumped into any of the state’s rivers, rivulets, or streams. The court has emphasized that all Urban Local Bodies (ULBs) and Rural Local Bodies (RLBs) will be held personally responsible for enforcing the Solid Waste Management Rules and Plastic Waste Management Rules, 2016, and complying with previous directions issued in this case.

The case, represented by advocate Deven Khanna, has been in the courts for several years, focusing on the dire need for effective waste management in Himachal Pradesh. The prayers of the case include enforcing strict penalties for illegal dumping, cleaning of littered streams and hillsides, establishing a complaint mechanism for solid waste management grievances, and ensuring the responsibility of Producers, Importers, and Brand Owners (PIBOs) in waste processing.

The petitioners further elaborated on demands to the state and central pollution control boards to present an action plan and disclose the funds collected from Producers, Importers, and Brand Owners (PIBOs) for the plastic they introduce into Himachal Pradesh.

“The idea is to fix liability upon these MNCs/ manufacturers of plastic to establish facilities here or take back the waste they introduce in line with the plastic waste management rules,” Khanna explained.
Reported in Times of India,https://timesofindia.indiatimes.com/city/shimla/hp-hc-prohibits-dumping-of-waste-debris-in-water-bodies/articleshow/99450811.cms, IndianExpress and Himbuma il

In a previous direction, the Urban Development Department was instructed to implement the construction and demolition waste regulations of 2016. The court directed the Government to provide details on identified sites for construction waste disposal

“The objective is to enforce this law (2016 Rules) and prohibit construction and demolitions without first arranging for the disposal of muck and debris at the designated sites. The same becomes important in wake of the destruction caused by landslides in 2023 disaster. We also aim to discourage construction with concrete in the mountain villages and encourage traditional and ecofriendly ways of construction such as hemp create and kathkuni.” Advocate Khanna.
Reported in Times of India and The Himbumail, https://timesofindia.indiatimes.com/city/shimla/himachal-hc-appoints-volunteers-to-inspect-solid-waste-and-plastic-waste-management/articleshow/102235694.cms

The case’s prayers revolve around several key environmental issues, a few of which are mentioned below:

Cleaning and Maintenance of Streams: A major concern addressed is the visible littering of streams and hillsides with non-biodegradable waste like plastic, cans, and bottles. The case emphasizes the need for regular cleaning and maintenance of these natural sites. The case seeks to strictly enforce regulations against the open dumping of waste in streams and hillsides. The streams and rivers have water-lifting schemes, which are directly affected by waste.
Effective Complaint Mechanism: In line with the Solid Waste Management Rules of 2016, the case advocates for a robust system where citizens can lodge complaints regarding solid waste management issues. This includes the establishment of helplines, mobile applications, or other platforms for efficient reporting and resolution of waste-related problems.
Enforcement of Penalties: The case calls for stringent enforcement of penalties, including fines and imprisonment, against individuals and businesses found guilty of illegal dumping and littering, as stipulated under existing laws.
Responsibility of PIBOs: The case highlights the crucial role of Producers, Importers, and Brand Owners in managing the lifecycle of plastic packaging waste through recycling, reuse, or proper disposal methods. It is the responsibility of Producers, Importers, and Brand-owners to ensure the processing of their plastic packaging waste through recycling, re-use, or end-of-life disposal (such as co-processing/Waste-to-energy/Plastic-to-oil/road making/industrial-composting). The case seeks to make them accountable for the plastic they introduce in the state of Himachal Pradesh.
Waste Segregation and Alternatives to Plastic: Emphasis is placed on segregating waste at the source into biodegradable and non-biodegradable categories and promoting alternatives to plastic usage.
Infrastructure for Waste Management: It calls for the establishment of solid waste management plants and composting facilities, along with the promotion of the three R’s – Reduce, Reuse, and Recycle. Further, establishing MRFs i.e Material Recovery Facilities for local areas where waste can be collected and segregated for proper disposal.
Implementation of Waste Collection Systems: The case stresses the need for a door-to-door collection system for waste management throughout Himachal Pradesh, including rural areas.
Monitoring and Enforcement Mechanism: This calls for establishing a robust monitoring and enforcement mechanism to ensure compliance with waste management regulations. It’s crucial that we have special teams/squads for receiving complaints of littered hot spots and eventually cleaning them. There has to be regular cleaning of hillsides and streams by these special teams. Presently, it is evident that no manpower has been dedicated for this purpose. The only manpower that is deployed is for sweeping of streets and door-to-door collection in a few areas.

Significance of the Order

These orders mark a critical juncture in the state’s environmental jurisprudence. The personal appearance of the Chief Secretary underscores the court’s determination to see tangible progress in environmental governance. The case is set to continue, with the next hearing eagerly awaited by environmentalists and citizens alike. The court’s directives have set the stage for a more robust and accountable waste management system in Himachal Pradesh, potentially serving as a model for other states grappling with similar challenges.