CW PIL No. 269 of 2017 .

5.12.2017 Present: Ms. Jyotsna Rewal Dua, Sr. Advocate with Mr. Arjun Lall and Ms. Charu Bhatnagar, Advocate, as Amicus Curiae.

Mr. Shrawan Dogra, Advocate General with Mr. Anup Rattan and Mr. Romesh Verma, Addl. Advocate Generals for the respondents-State.

Mr. Rahul Mahajan, Advocate for Indian Railways.

Mr. Tara Singh Chauhan, Advocate for respondent- Pollution Control Board.

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

Mr. Varun Chauhan, Advocate for respondent No. 8-Electricity Board.

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

Mr. Hamender Chandel, counsel for Municipal Corporation, Shimla.

Mr. Shivank Singh Panta, counsel in CMPs No.10304, 10307, 10308, 10309 & 10311.

Mr. Nitin Thakur, counsel in CMP No.10290/2017.

Mr. Sanjeev Kuthiala, learned counsel, invites our attention to supplementary affidavit dated 4.12.2017 of the Executive Officer, Municipal Council Parwanoo, District Solan, Himachal Pradesh, pointing out that a sum of `1.46 crore (approx.) is due and recoverable from various defaulters towards property and sanitation tax.

We direct the Deputy Commissioner, Solan, to forthwith render all assistance to the Municipal Council, Parwanoo, ::: Downloaded on - 05/12/2017 23:10:33 :::HCHP ...2...

for recovery of such arrears from 79 such defaulters, as .

per particulars mentioned in Annexure R-10/L-1, annexed alongwith the affidavit.

2. We are informed that HIMUDA is the body-

Incharge for supplying water and H.P. State Electricity Board is the authority supplying electricity to such defaulters. We direct that if anyone of the defaulters, mentioned in Annexure R-10/L-1, do not pay the amount within next 48 hours, the said authority shall forthwith, on the request of District Administration/Municipal Council, Parwanoo, disconnect the water and electricity connections to the respective units. This order we are passing for the reason that (i) there is no dispute with regard to the amount due and payable, as we are informed, (ii) Municipal Council, Parwanoo, has no funds of its own to deal with the menace of solid waste management. At least, with the recovery of this amount, 300 tons of such waste, which is lying in the open, can be transported from Parwanoo to Shimla by trucks, as is so directed by the Chief Secretary to the Government of Himachal Pradesh.

3. We are further informed, as is so mentioned in Para-5 of the affidavit that Municipal Council, Parwanoo, is competent to levy fee, tolls and usual charges for the serves so provided. In this view of the matter, it is ::: Downloaded on - 05/12/2017 23:10:33 :::HCHP ...3...

always open for the authority to take appropriate action .

in accordance with law.

4. We are informed by Mr. Kuthiala that needful shall positively be done at the earliest, on or before 31.12.2017. Ordered accordingly.

5. To tide over immediate financial crises, we direct Pollution Control Board to provide financial assistant to the Municipal Council, Parwanoo, in terms of its communication dated 29.11.2017 (Annexure R-10/H, Page-180). This be positively done within next 24 hours.

Needless to add, such amount so disbursed shall be on reimbursable basis.

6. In view of positive steps now taken by the Municipal Council, Parwanoo, we direct that electricity and water connections to Municipal Council, Parwanoo, be restored forthwith. Learned counsel representing the Electricity Board states that needful shall be positively done during the course of the day.

CMP No.10290/2017

7. Application stands disposed of, with the following mutually agreed directions:

(a) Applicant shall approach the Pollution Control Board, indicating the remedial measures taken for ensuring the Unit is to be compliant of all Environmental Laws.

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(b) We are hopeful that the Pollution Control .

Board shall consider the application expeditiously, in accordance with law, and take appropriate decision, ensuring strict compliance of the provisions of the Environmental Laws and more specifically that of Water (Prevention and Control of Pollution) Act, 1974; Municipal Solid Waste Management and Handling Rules, 2016; and r Air (Prevention and Control of Pollution) Act, 1981.

8. Ms Jyotsna Rewal Dua, learned Amicus, points out that the Pollution Control Board has to necessarily examine compliance of Conditions No.7 & 8, imposed in communication dated 26.4.2014 (Page-64), and that being renewal of Consent for Manufacturing of Tablets and Capsules (Pharmaceutical Formulation).

CMPs No.10291,10292,10304,10307, 10308,10309 & 10311

9. Applications disposed of on similar lines as that of CMP No.10290/2017, insofar as relevant and applicable, with further direction that the day the applicants file application(s), the Pollution Control Board shall carry out the inspection same day. If it is found that the applicants have complied with the directions issued by this court, their applications shall be considered favourably, in accordance with law, and water & electricity connections restored.

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10. The Registry is directed to take out these .

applications and put them in separate files.

List on 8.12.2017.

(Sanjay Karol) Acting Chief Justice December 5, 2017 (guleria/sd) r to (Ajay Mohan Goel) Judge ::: Downloaded on - 05/12/2017 23:10:33 :::HCHP