IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWPIL No. 49 of 2018 .

Date of Decision: March 20, 2018 Court on its own motion ...Petitioner.

Versus State of H.P. & others ...Respondents. Coram:

The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice.

The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.

Whether approved for reporting?1 Yes For the Petitioner: Mr.Aman Sood, Advocate as Amicus r Curiae.

For the Respondents:Mr. Ashok Sharma, Advocate General with M/s Ajay Vaidya, Sr. Additional Advocate General, Mr.Adarsh K. Sharma, Ms. Rita Goswami, Additional Advocate Generals & Mr.J.K.Verma, Deputy Advocate General, for the respondents-State.

Sanjay Karol, Acting Chief Justice On the basis of a letter petition, addressed to this Court, taking suo motu cognizance, petition was registered, in which notices were issued to the respondents.

1

Whether reporters of the local papers may be allowed to see the judgment?

::: Downloaded on - 20/05/2018 21:13:56 :::HCHP 2

2. Letter petitioner, Jitender Verma, who is a resident of Salapar, Tehsil Sundernagar, District Mandi, H.P., alleges discrimination on the part of the .

Government as also the management of the ACC Cement Factory, Barmana, in taking measures for checking pollution, rehabilitation and resettlement of aggrieved persons. Plight of the residents of village Salapar and the adjoining villages, falling within District Mandi, stands highlighted. Even though the aerial distance of Salapar is far less than the villages of District Bilaspur, yet measures of rehabilitation/resettlement and checking pollution for the villages of District Mandi, which in fact, are in close proximity, stand ignored by the authorities concerned. Accordingly, prayer is made for issuance of direction to the management of ACC Factory to provide financial assistance for development of the village.

3. Deputy Commissioner, Bilaspur, in his affidavit dated 18.03.2018, has pointed out that cement plant stands established by M/s ACC Limited. The project proponent has established two units, one in the year, 1984 and another in the year, 1994 with the carrying capacity of 4.64 Crores for both the plants. The entire ::: Downloaded on - 20/05/2018 21:13:56 :::HCHP 3 process involves mining of lime stones and packaging of cement, in which 1750 persons are engaged. The industrial unit has obtained mandatory consents to .

operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974; Air (Prevention & Control of Pollution) Act, 1981; and authorization under Hazardous (Waste Management & Handling) Rules, 2008.

4. Crucially, it stands admitted that Gram Panchayat Salapar starts from just at a distance of 3 kms from the cement factory with an aerial distance of 400-

500 meters. According to this deponent, no pollution is caused, in any of the Panchayats, falling in his District, for the project proponent has installed requisite machinery so required to meet the conditions imposed by the Himachal Pradesh State Pollution Control Board and the one envisaged under the environmental laws of the land.

5. Insofar as the issue of social corporate responsibility is concerned, it stands admitted that in three Panchayats of Barmana falling in District Bilaspur, endeavour has been taken by the project proponent.

::: Downloaded on - 20/05/2018 21:13:56 :::HCHP 4

6. But what is crucial in his affidavit, is constant grievances vented out by the general public with regard to pollution caused by the project proponent on account .

of blasting, which even according to the deponent requires elaborate study. Also it stands pointed out that the National Green Tribunal is seized of such matter.

7. When we peruse the affidavit dated 13.03.2018, filed by the Deputy Commissioner, Mandi, we find the position to be totally different. With the establishment of the cement plant, flora and fauna stands adversely affected so also the health of the people leading to peculiar problems/diseases of Tuberculosis, Asthma and Malaria. Also issue of sound pollution stands raised by the natives.

8. In the affidavit dated 17.03.2018, filed by the Senior Environmental Engineer, H.P. State Pollution Control Board, Shimla, the Board has simply reiterated the view taken by the Deputy Commissioner, Bilaspur, H.P.

9. We find that M/s ACC limited is not a party in the present proceedings. Also the matter of pollution is pending consideration with the National Green Tribunal.

::: Downloaded on - 20/05/2018 21:13:56 :::HCHP 5

But insofar as the duty of the State and the Regulator for enforcement of environmental law is concerned, we are of the considered view that the grievances of the .

residents of village Salapar, must be examined and if found true addressed, more so in the light of the affidavit filed by the Deputy Commissioner, Mandi.

10. Well we could have ourselves impleaded the project proponent as a party and passed appropriate directions, but are persuaded by the learned Advocate General to close the present proceedings with the assurance that an in depth study shall be got conducted through the experts and the grievances of the residents of Salapar Panchayat, be it of the nature of health or ecology, examined expeditiously.

11. Under these circumstances, we close the present proceedings with the following directions:-

(i) The grievances of village Salapar, as pointed out in the letter petition and in the affidavit dated 13.02.2018 of Deputy Commissioner, Mandi, shall be got examined by the State in a time bound manner. Chief Secretary to the Government of H.P. shall form a Committee for such purpose.

(ii) Committee shall constitute Experts, including officers of the Department of Health; Department of Environment, Science and ::: Downloaded on - 20/05/2018 21:13:56 :::HCHP 6 Technology; Himachal Pradesh State Pollution Control Board; as also the Department of Industries. After associating all concerned, including the residents of the area, as also the .

project proponent, appropriate decision shall be taken;

(iii) Also study of adverse impact, if any, on the health or environment in and around the areas, where mining operations as also processing of minerals in the plant, are taking place, shall be got conducted within a time bound period;

(iv) Action plan on the basis of remedial measures suggested by the Committee be got prepared and implemented within a time bound period; and

(v) Affidavit of compliance shall be filed by the Additional Chief Secretary to the Government of Himachal Pradesh, who incidently is also the Chairman of the H.P. State Pollution Control Board, within a period of three months from today, for which purpose, matter be listed before the Registrar (Judicial), on 12.07.2018.

12. Before parting, we wish to place on record appreciation qua the efforts put in by Mr.Aman Sood, learned Amicus Curiae, who, on the instructions of this Court, obtained necessary feedback.

::: Downloaded on - 20/05/2018 21:13:56 :::HCHP 7

13. Learned Amicus Curiae undertakes to communicate the outcome of the present petition to the letter petitioner.

.

14. Registry is directed to send copies of this judgment to the Chief Secretary to the Government of H.P., H.P. State Pollution Control Board (respondent No.2), the Deputy Commissioner, Bilaspur, H.P.

(respondent No.3) and the Deputy Commissioner, Mandi, H.P. (respondent No.4) as well as to the letter petitioner to enable him to take follow up action with the concerned authorities.

With the aforesaid observations, present petition stands disposed of.

(Sanjay Karol), Acting Chief Justice.

    March 20, 2018                         (Ajay Mohan Goel),
          (Purohit)                              Judge.





                                           ::: Downloaded on - 20/05/2018 21:13:56 :::HCHP