Blatant Violation Of Environmental Laws By State Authorities: Himachal Pradesh HC Orders Penal Action Against Illegal Muck Dumping
The Himachal Pradesh High Court has ordered the initiation of penal action against illegal muck dumping in the Govind Sagar Lake noting the blatant violation of environmental laws by the State Authorities.
Taking a serious view of environmental violations, the Bench commanded the State Authorities to initiate all possible steps to clear the muck from the shores of Govind Sagar Lake, its tributaries, forest, and public lands.
A Division Bench of Chief Justice M.S. Ramachandra Rao and Justice Satyen Vaidya observed, “As noticed above, there has been blatant violation of environmental laws noticed by the State Authorities but strangely, no penal action has been initiated against the violators. This conduct of the authorities clearly amounts to failure on their part to discharge constitutional and legal obligations.”
Advocate Umesh Kanwar represented the petitioner, while AG Anup Rattan appeared for the respondents.
The petitioner filed the Public Interest Litigation (PIL) to bring to light numerous instances of illicit dumping of muck by various agencies involved in the construction works of the four-laning of the Kiratpur-Ner Chowk section of NH-21, as well as contractors engaged by the Himachal Pradesh Public Works Department (HPPWD) and other construction activities in the vicinity.
The Court was informed of continuous muck dumping in the Lake and its feeding khuds/nallahas by various construction agencies and private individuals. Various reports, including a Joint Inspection Report from April 2018 and subsequent observations by the Fisheries Department, highlighted the adverse effect on the ecosystem, including the depletion of fish populations due to increased effluents
“There is no scarcity of legislative measures to put curbs on the illegal activities causing environmental depletion. Sections 15 to 17 of Environment Protection Act, 1986, Sections 268 to 270, 279 to 280, 287 to 288, 290, 291 and 294 of IPC are some of the penal provisions enacted for the purpose. In addition, the Water Prevention and Control of Pollution Act, 1974, Forest Conservation Act, Air Prevention of Pollution Act 1981 and Waste (Management and Handling) Rules 1989 are other penal provisions governing the field,” the Bench observed.
The Bench stated that the aspect of depletion of natural resources and its impact on the environment could not be ignored, and therefore, the violations of law with impunity on account of the failure on the part of authorities to enforce needed to be viewed seriously.
“Article 21 of the Constitution also manifests the right to live in clean environment. Article 48-A obligates the States to endeavour to protect and improve the environment and to safeguard the forest and water life of the Country,” the Court remarked.
Consequently, the Court passed an interim order directing the authorities to “initiate penal action against the violators, who have dumped the muck illegally in Govind Sagar Lake or its tributaries/rivulets/khuds or on other forest or public lands and to take such action to its logical conclusion as expeditiously as possible and in any case not later than six months hereafter.”
Accordingly, the High Court listed the matter for hearing on July 1st 2024.
Cause Title: Madan Lal v. State of H.P. & Ors.
Appearance:
Petitioner: Advocate Umesh Kanwar
Respondents: AG Anup Rattan; AAG Gobind Korla; Dy AG Priyanka Chauhan; Dy SG Balram Sharma; Sr. Advocates K.D. Shreedhar and R. L. Sood; Advocates Rakesh Dhaulta, Pranay Pratap Singh, Arsh Rattan Sushant Kepprate, Shreya Chauhan, Rajiv Rai and Oshin Anand Chauhan