New Delhi, Nov 14 The National Green Tribunal (NGT) has directed the Himachal Pradesh government to file a detailed affidavit on the steps taken for management and disposal of solid waste in Kullu district.
A Bench of Judicial Member Justice Arun Kumar Tyagi and Expert Member Dr Afroz Ahmad was hearing a suo motu case registered on the basis of a news article published on May 30, following viral visuals that showed the popular hill station littered with garbage.
In its order, the NGT noted that although the Himachal Pradesh High Court has already taken cognisance of the issue, the green tribunal’s proceedings had reached an "advanced stage", and both forums could exercise jurisdiction concurrently.
"Any conflict of order can be avoided by clarifying that in case of conflict, the order passed by the Hon’ble High Court shall prevail," the Justice Tyagi-led Bench said.
Taking note of the "magnitude of the problem" and the requirements under the Solid Waste Management Rules, 2016, the NGT asked the Kullu administration to make "further appropriate alternative arrangements" for solid waste disposal in consultation with the District Environment Committee headed by the Deputy Commissioner.
The tribunal also impleaded the Chief Secretary of Himachal Pradesh as respondent no. 6, and the Principal Secretaries of the Urban Development and Rural Development Departments as respondents no. 7 and 8, respectively, in the matter.
Observing that the Environment (Protection) Act, 1986, had been amended through the Jan Vishwas (Amendment of Provisions) Act, 2023, the NGT said that the amended provisions also empowered authorities to impose penalties on both government departments.
"The Chief Secretary, Government of Himachal Pradesh, is directed to issue appropriate instructions to the Adjudicating Officer for taking suo motu cognisance of contraventions and impose penalties on concerned government departments/officers as well as private violators," it ordered.
The Chief Secretary has been directed to file an affidavit, either personally or through a duly authorised officer, within two months, outlining specific measures taken for compliance with the Solid Waste Management Rules, 2016, in Kullu district.
The matter will be heard next on January 16 next year.
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