CWPIL No.269/2017 .

1.12.2017 Present: Ms Jyotsna Rewal Dua, Senior Advocate, assisted by Ms Charu Bhatnagar, Advocate, as Amicus Curiae. Mr. Anup Rattan, Additional Advocate General for the State.

Mr. Rahul Mahajan, counsel for the Indian Railways. Mr. T.S. Chauhan, counsel for the Pollution Board. Mr. Sanjeev Kuthiala, counsel for Municipal Council, Parwanoo.

Ms Manisha Nanda, Additional Chief Secretary (Urban Development); Shri D.K. Gupta, Director (Urban Development); Shri Lalit Kumar, Regional Officer, H.P. State Pollution Control Board, Parwanoo; Shri Thakur Dass, Nagar Parishad, Parwanoo; Shri Sudhir Sharma, Executive Officer, Municipal Council, Parwanoo; and Shri Ajeet Kumar, Senior Environmental Engineer, Head Office, Shimla, are present in person.

2. Mr. T.S. Chauhan, learned counsel for the Pollution Board, states that, pursuant to our order dated 28.11.2017, nine industries/industrial house were inspected and found to have violated the Environmental Laws. Resultantly, notices were issued and their electricity connections disconnected.

3. Mr. Anup Rattan, learned Additional Advocate General, states that order dated 28.11.2017, qua disconnection of water could not be implemented, but the same shall positively be done within next two hours. We are informed that water is being supplied by a statutory authority, namely ::: Downloaded on - 02/12/2017 23:09:34 :::HCHP ...2...

HIMUDA. As such, we implead H.P. Housing and Urban .

Development Authority (HIMUDA), through its CEO-cum- Secretary, Nigam Vihar, Shimla, as party-respondent No.12.

4. We direct CEO of HIMUDA to forthwith comply with the order. Mr. Anup Rattan undertakes to convey the order to the said Officer on telephone, E-mail and FAX. Mr. T.S. Chauhan also undertakes to do so.

5. We are informed that in the Head Office of the H.P. Pollution Control Board, there are two Officers of the rank of Senior Environmental Engineer. We direct both of them to forthwith proceed to Parwanoo and carry out inspection of all the industrial houses and take all necessary steps for ensuring compliance of the Environmental Laws, more specifically the provisions of Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as the Act) and we further direct the respondent-Pollution Control Board to issue directions, inter alia, under Section 33-A of the Act, including Municipal Solid Waste Management and Handling Rules, 2000/2016, so framed under the provisions of the Environmental Protection Act, 1986.

6. Ms Manisha Nanda, Additional Chief Secretary, states that a meeting of all the stakeholders shall be convened for taking appropriate action at the ground level and finding immediate solutions for dealing with the menace of discharge of effluents. We direct him to do so.

7. Name of respondent No.10 is corrected as Municipal Council, Parwanoo in place of Municipal Corporation, Parwanoo. ::: Downloaded on - 02/12/2017 23:09:34 :::HCHP

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8. Corrections be carried out in the Memo of Parties.

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Name of Mr. Sanjeev Kuthiala, Advocate, be reflected in the Cause List, representing the respondent No.10. Register (Judicial) of this Registry to ensure compliance.

List on 4.12.2017, on which date affidavits be compliance be filed.

                  r           to                (Sanjay Karol)
                                             Acting Chief Justice.

                                            ( Ajay Mohan Goel )
    October 16, 2017(sd)                           Judge.








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