Tag: Environment Law

Buy-back policy, HIPA Training, Special Task Force, and other directions by the High Court to Combat Solid Waste Issue

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Shimla, August 8, 2024 – The division bench of the High Court of Himachal Pradesh presided over by J. Tarlok Singh Chauhan and J. Sushil Kukreja, in its ongoing commitment to environmental preservation, has issued a series of significant directives aimed at enhancing solid waste management across the state. Building on its earlier orders on March 23, May 9, 2024 and July 18, 2024., the court has now introduced new measures to ensure that these efforts reach the most critical areas and involve every level of society. The court’s new order, dated August 8, 2024, builds on these earlier measures with additional, targeted directives. Let’s dive right in:

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High Court Issues Comprehensive Directives to Tackle Solid/Plastic Waste Issue in Himachal Pradesh

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 Shimla, July 24, 2024 – In a landmark ruling on July 18, 2024, the High Court of Himachal Pradesh, under the astute guidance of Judges J. Tarlok Singh Chauhan and J. Sushil Kukreja, issued an exhaustive order that promises a greener future. This pivotal decision, following the court’s March 23 and May 9, 2024 Orders, addresses critical aspects of compliance and sets forth robust directives for solid waste management. Lets dive right in:

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An Analysis of the Supreme Court’s Judgement in the Shimla Development Plan Case

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In a landmark decision that has significant implications for urban development, environmental law, and the jurisprudence of legislative powers, the Supreme Court of India delivered a judgment on January 11, 2024, involving the State of Himachal Pradesh. The case centered around the Himachal Pradesh Town & Country Planning Act of 1977 and its application in the Shimla Planning Area, bringing to the forefront complex issues of urban planning, environmental sustainability, and the scope of judicial intervention in legislative matters.

The genesis of the case can be traced back to the establishment of the Shimla Planning Area under the 1977 Act, which set the stage for subsequent development plans in the region. These plans and notifications, however, became a subject of legal scrutiny by the NGT, particularly keeping in view the environmental concerns. The National Green Tribunal (NGT) had previously issued a judgment on November 16, 2017 banning all construction activities in the green and core areas and also within 3 meters of national highways. It also restricted the number of stories to two-and-a-half in other areas where construction was permitted to up to 4 to 5 stories. The Hon’ble Supreme Court has now overturned this Judgment.

(to read the critique of the 2017 NGT Judgment please refer to https://himachalwatcher.com/2019/07/31/the-curse-of-ngt-judgment-undoing-of-urban-planning/)

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