No relocation of compliant solid waste processing site; prior EC not required for standalone facilities except landfills; Pollution Control Board to monitor monthly and enforce compliance with environmental compensation/prosecution for violations. (28 words)

ORDER

1. This Original Application (hereinafter referred to as ‘OA’) has been called in revise but none has appeared for the applicant.

2. Mr. Rahul Pratap, Advocate for MoEF&CC, Mr. Sushil Jaswal, Advocate for MC, Ponta Sahib, Mr. Vaibhav Srivastava for HPPCB and Mr. Anubhav, Advocate for Respondent No. 5 & 6 are present for respondents.

3. The Court Master informs that twice he tried to contact Counsel for applicant but he has not received any response. In the circumstances, we proceed to hear Counsel for respondents and decide the matter on the basis of record and submissions advanced by Learned Counsel appearing for respondents.

4. OA has been brought before us through Mr. Rakesh Kumar, Gram Pradhan of Village Bhontawali, District Sirmaur, Himachal Pradesh with the prayer that a garbage dumping site established by Municipal Council, Ponta Sahib be directed to be shifted to some other place which should be atleast 5 kms away from residential area as well as river Yamuna. Respondent authorities be further directed to take appropriate action against respondent no. 2 i.e. Municipal Council, Ponta Sahib for establishing the said dumping site in disputed area without seeking any prior environmental clearance and in violation of conditions mentioned in Environmental Clearance, if granted, and also to impose damages/compensation upon violators.

5. The brief facts stated in the OA are that at Khasra No. 385/169 measuring 5 Bigha Muhal, in Revenue Estate of Village Kedarpur, Tehsil Ponta Sahib, District Sirmaur, a garbage dumping site (waste dumping site) has been raised in utter violation of the Rules applicable for establishing dumping site or land filling site. The concerned respondent is throwing/dumping and accumulating garbage of entire Sirmaur District i.e. garbage collected from homes, factories, hospitals, clinics, markets meat shops, chemical industries etc. and this garbage is causing health hazards to local resident of village Bhontawali.

6. Initially, a ‘No Objection’ Certificate was obtained by Municipal Council, Paonta Sahib from Gram Panchayat, Bhontawali in August, 2003 for establishing a bio-gas plant for use and benefit of villagers. Thereafter, nothing was done at site in question upto November, 2021 except taking measurement and construction of boundary wall. Even electricity connection was not obtained by Municipal Council, Paonta Sahib.

7. In the garb of installation of bio-gas plant, Municipal Council, Paonta Sahib started throwing and dumping hazardous garbage in the month of November, 2021 when garbage carrying vehicles started moving in area creating a heap of garbage at the above site.

8. This was beyond imagination of villagers who were under the impression that a bio-gas plant for benefit of villagers shall be established at the site in question. Entire route of vehicle, carrying garbage is through forest which has been re-routed on complaint made by villagers to Forest Department that vehicles moving through forest are causing pollution therein. Presently, vehicles loaded with garbage are passing through thick lanes of village causing pollution in habitable area of village Bhontawali. The dumping site is just 100 mtrs. away from river Yamuna bed and during rainy season, the level of Yamuna raises submerging the dumping site, as a result the