CW PIL No. 269 of 2017.

8.12.2017 Present: Ms. Jyotsna Rewal Dua, Sr. Advocate with Ms. Charu Bhatnagar, Advocate as Amicus Curiae.

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Mr. Shrawan Dogra, Advocate General with Mr. Anup Rattan , Addl. AG for respondent-State.

Mr. Rahul Mahajan, Advocate for the Indian Railways.

Mr. T.S. Chauhan, Advocate for the Pollution Control Board.

Mr. Sanjeev Kuthiala, Advocate for respondent No.10-Municipal Council Parwanoo.

Mr. Satyen Vaidya, Sr. Advocate with Mr. Vivek r Sharma, Advocate for respondent No.8.

Mr. C.N. Singh, Advocate for respondent No.12.

Hr. Hamender Chandel, Advocate for Municipal Corporation, Shimla.

Mr. Shivank Singh Panta, Advocate in CMPs No. 1034, 1037,1039 and 10311 of 2017.

Mr. Nitin Thakur, Advocate in CMP No. 10290 of 2017.

Mr. T.S. Chauhan, Advocate for the Pollution Control Board states that in compliance of order dated 5th December, 2017, a sum of `10 lacs already stand released in favour of the Municipal Council, Parwanoo and the remaining amount of `40 lacs shall positively be released latest by 12th December, 2017.

Mr. Sanjeev Kuthiala, Advocate, for Municipal Council Parwanoo, states that tenders for transportation of municipal solid waste already stand issued and are likely to be ::: Downloaded on - 11/12/2017 23:07:41 :::HCHP :2: opened on 11th December, 2017 and the work of transportation shall positively commence in the coming week. He further states .

that save and except for 32 defaulters, all other defaulters have now paid their municipal property and sanitation taxes. With regard to 32 defaulters, the Council has already approached the authorities for taking appropriate action.

Mr. Satyen Vaidya, learned Senior Counsel for Electricity Board and Mr. C.N. Singh, Advocate for the respondent No. 12 state that the list of defaulters has now been received. They both state that necessary action in compliance of order dated 5th December, 2017, shall positively be taken within a period of 24 hours.

At this stage, Mr. T.S. Chauhan states that as on date out of approximately 500 industrial units in Parwanoo, 127 units stand inspected, out of which with respect to 27 cases electricity stands disconnected of such units, who were found to be not complying with the environmental laws and notices stand issued to other 25 units. List of these units, who are not complying with the environmental laws be furnished during the course of the day to Mr. C.N. Singh, Advocate, who further states that within 24 hours water connection of such units shall also be disconnected.

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It is pointed out that some of the establishments are habitual defaulters for not complying with the environmental .

laws. In fact in the year 2011 when one such defaulter came seeking redressal of his grievance, this Court vide order dated 1.7.2011 in CWP No. 7626 of 2010 had imposed cost of `25,000/-. We clarify that similar cost from perpetual defaulters be recovered by the Pollution Control Board at the time of issuance of no objection certificate while directing restoration of their electricity and water connections. The use to which the cost so collected shall be put, will be subsequently ordered by us at a later date.

At this stage, Mr. Vijay Arora, Advocate, who is an Accredited Legal Correspondent and who is ordinarily assisting the Court as Amicus and otherwise covering issues with regard to the environment in the State of Himachal Pradesh, states that perhaps situation in Dharamshala, Mcleodganj and surrounding area is worse than that of Parwanoo. The establishments set up at these places are being run without obtaining consent under the Water (Prevention and Control of Pollution) Act, 1974;

Municipal Solid Waste Management and Handling Rules, 2016;

and Air (Prevention and Control of Pollution)Act, 1981. Also there is violation of Himachal Pradesh Tourism Development and Registration Act, 2002.

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This is in addition to the unauthorized construction which has taken place in utter disregard to the Municipal Laws.

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Mr. T.S.Chauhan, Advocate, states that there is Regional Office of Pollution Control Board in District Kangra. Let the Officer manning the said office have all the establishments falling within Municipal Corporation, Dharamshala as well as Mcleodganj and Nadi inspected and submit the report on the next date of hearing.

CMP No. 10426 of 2017.

Ms. Seema Guleria, Advocate, has filed application, which is taken on record.

Mr. Kush Sharma, learned Deputy Advocate General, under instructions, states that Director, Urban Development and two Experts of the Pollution Control Board shall visit the State of Karnataka where the plant for processing municipal solid waste stands installed by the applicant. We clarify that in the application, the applicant has already stated that all expenses for travelling, boarding and lodging shall be borne by the applicant. Let the Committee file its report within a period of one week.

List on 15.12.2017. Date appearing at the end of order dated 1.12.2017 be read as "December 1, 2017" instead of "October 16, 2017".

(Sanjay Karol) Acting Chief Justice (Ajay Mohan Goel) Judge 8th December, 2017 (Guleria) ::: Downloaded on - 11/12/2017 23:07:41 :::HCHP