ORDER

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1. Grievance in this application is against violation of Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 in Village Dughneri, Hamirpur, Himachal Pradesh, on account of failure to handle waste which is being burnt, causing air pollution, resulting in diseases, loss of livestock and contributing to forest fires and loss of wildlife. There is increase in population of monkeys, feral dogs and scavengers namely crows, vultures, etc. Dump site in the hilly terrain is overflowing and contaminating water body, which is a source of irrigation.

2. The matter has been considered by this Tribunal earlier vide orders dated 14.01.2020, 11.08.2020, 17.11.2020, 01.09.2021, 27.01.2022 and finally on 04.03.2022. Since deficiencies in compliance of environmental norms have been found on all occasions and Municipal Council, Hamirpur failed to remedy the situation, the Tribunal directed remedial action by the Secretary, Urban Development Department, Himachal Pradesh. Since the situation did not improve, vide last order dated 27.01.2022 the Tribunal to directed the Principal Secretary, Urban Development and Executive Officer, Municipal Council, Hamirpur to remain present by virtual mode with the status of compliance. Operative part of order dated 27.01.2022 is reproduced below:-

(cid:147)6. From the above reports we find that except for some minor steps like construction of retaining wall, raising of fencing, covering of waste processing facility by net and storm water drain to avoid contamination of water, no other action has been taken particularly, in respect to the treatment as also the waste already collected and lying on various spots which is also evident from the photographs placed before us in the above reports. This superficial and shallow exercise does not amount to effective steps for compliance of the environmental norms for preservation and protection of environment and prevention of pollution. This is really unfortunate that after giving repeated opportunity what has come before us is only a casual compliance on certain aspects without any effective measures taken for prevention of pollution in the area concerned.

7. In these facts and circumstances, we find it appropriate to direct Principal Secretary, Urban Development, H.P and Executive Officer, Municipal Council, Hamirpur to appear before Tribunal in virtual mode on the next date to explain and show cause as to what effective steps they have taken for treatment and scientific disposal of the waste already lying and being collected every day and whether the dumping of waste is being continuing and if not, then in what manner the waste is being treated by concerned authorities.

3. On 04.03.2022, the Principal Secretary, Urban Development had failed to appear on which show cause notice was issued to him to explain default and to remain present today. It was also found that the report filed by the Municipal Council, Hamirpur did not give details of the waste generation and processing. The Municipal Council was required to take further steps in the matter.

4. In pursuance of above, the Principal Secretary, Urban Development is present in-person and has also filed report dated 6.4.2022 detailing the steps taken. The Municipal Council has also filed a report dated 22.3.2022, followed by further report dated 31.03.2022. Report dated 22.03.2022 gives the details of the construction wall to prevent spillage of solid waste in Hathli Khad and other steps taken.

Extract from the report are as follows:-

(cid:147)1. Construction of retaining wall with hill side to avoid spillage of Solid waste in Hathli Khad:- The construction work of retaining wall has been carried out in phase manner by Municipal Council Hamirpur to avoid spillage of Solid waste towards khad. The size of aforesaid retaining wall is 35.10 x 13.60 mtr. with foundation along with Iron Angle (fencing). In this way Municipal Council Hamirpur has been spent amount Rs. 25