Rajesh Kumar vs State Of H.P

The grievance in this letter Petition sent by Mr. Rajesh Kumar resident of H.No. M3/538, S.D. School Wali Gali, Guru Ram Dass Nagar, Tehsil and District Amritsar, which is treated and registered as original application, is that Hotels and Restaurants in Dharamshala, District Kangra, the list of which is attached with the application as annexure –A throw waste (dry and wet) into the streets, roads and vacant land in the night due to which the diseases were spreading in the area and adversely affecting human as well as wild life.

We have given our thoughts to the matter and gone through the relevant record.

The complaint is general and vague in nature. There are no specific allegations as to the polluters and their polluting activities and there are general allegations regarding throwing of garbage/waste by the enlisted hotels and restaurants into the streets, roads and vacant land in the night as alleged.

While there has to be strict implementation of the environmental norms, rules and regulations and all requisite steps have to be taken for protecting and improving environment and abating environmental pollution, yet grievances of the applicant can be redressed only when the requisite details of polluters and polluting activities are given so that appropriate remedial action can be taken against them and even they can also be heard by this Tribunal before passing of any adverse order against them.

However, if the applicant gives the requisite details of the polluters and pollution activities with specific allegations, the State PCB and District Magistrate, Kangra may look into the matter, verify the facts and take appropriate action against the polluters by following due process of law.

It  may  also  be  observed  here  that  collection,  segregation  and disposal of waste (dry or wet) is the responsibility of the concerned Municipal Authorities which have to ensure strict implementation of Waste Management Rules including the Solid Waste Management Rules 2016. Therefore, Commissioner, Municipal Corporation, Dharamshala may also look into the matter and take remedial steps to ensure strict implementation of the Waste Management Rules and directions given by this Tribunal from time to time regarding solid waste management.

The application is disposed of accordingly.

A  copy  of  this  order  be  forwarded  to  the  State  PCB,  District Magistrate, Kangra and Commissioner, Municipal Corporation, Dharamshala by e-mail for information and compliance, as the case may be.