Himachal Pradesh HC Recommends Mandatory Garbage Bags in Tourist Vehicles to Promote Sustainability and Community Participation

The Himachal Pradesh High Court has recommended that the State should direct all tourist vehicles to carry large garbage bags for waste collection and disposal.

Emphasising the need to promote sustainability and community participation in tourism, the Bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja observed that, "in order to promote sustainability in all the tourist destinations and to ensure community participation towards achieving this goal, the State should take cue from the Government of Sikkim, in which it has been made mandatory for all tourist vehicles entering the State to carry a large garbage bag in their respective vehicles and the responsibility has been fastened upon the concerned tour operators, travel agencies and vehicle drivers to disseminate the information about the use of garbage bag for waste collection and disposal."

The Court was hearing multiple ongoing cases concerning environmental degradation and waste management.

The Court assessed the State's efforts and emphasized the urgent need for enhanced waste management practices and environmental conservation efforts, particularly in tourist-heavy and ecologically sensitive areas. It recommended the following measures:

Special Task Force (STF) Constitution and Role

1) Creation of STF: The State must form a Special Task Force involving Municipal Councils/Corporations, Nagar Panchayats, District Legal Services Authorities, Tourism Development Corporation, Forest Departments, NGOs, and other stakeholders. The STF will focus on cleaning hill-sides, streams, and other hotspots.

2) Coordinator Role: The Secretary of the District Legal Services Authority will monitor the implementation of environmental directives and submit quarterly reports to the Court. In districts without a Secretary, the Civil Judge (Senior Judge) will fulfill this role, with reports routed through the District Magistrate.

Waste Management Initiatives

3) Panchayat Engagement: The Director of Panchayati Raj must arrange visits for public representatives to established Material Recovery Facilities (MRFs) to create awareness about waste management.

4) Training Programs: The Director of Urban Local Bodies and Director of Panchayati Raj are to conduct training programs on waste segregation and MRF setup, involving NGOs like Healing Himalayas and Waste Warriors.

5) Sustainable Ecosystems: The State Government should develop sustainable ecosystems along trekking routes by setting up checkpoints, tourist information centers, eco-friendly toilets, and implementing waste disposal guidelines.

6) Plastic Buyback Policy: The State Government must ensure the plastic buyback policy is functional seven days a week to incentivize waste collection, particularly by rag pickers.

7) Legacy Waste Treatment: The Executive Engineer of BBNDA must expedite the treatment of legacy waste to prevent threats to the river Sirsa and nearby human habitation.

8) Relocation Compliance: The Deputy Commissioner of Solan must expedite the land exchange for the relocation of the petitioner Suleman.

9) Pollution Monitoring: The State Pollution Control Board must regularly monitor the legacy waste at Kenduwal to prevent contamination of the river.

10) Municipal Corporation Act Amendment: The State Government should expedite the decision on the proposed amendments to the Municipal Corporation Act and report compliance.

Enhancement of Complaint Mechanisms

11) Complaint Mechanism: Municipal Corporations must display unresolved complaints on their websites and provide widely publicized complaint numbers and portals for transparency and resolution tracking.

12) Feedback and Accountability: The Secretary of the District Legal Services Authority should take monthly feedback on unresolved complaints and issue appropriate orders.

13) Utilization of Green Tax: The Deputy Commissioners of Kullu and Lahaul & Spiti must file affidavits detailing the collection and utilization of green tax funds.

Additional Measures

14) Municipal Waste Management Corporation: The State could consider establishing a Municipal Waste Management Corporation similar to Goa’s model.

15) MoUs with NGOs: The authorities should consider MoUs with NGOs and Panchayats for setting up waste management centers.

16) Active Participation: The Director of Rural Development must actively participate in meetings and show interest in waste management initiatives.

Extended Producer Responsibility (EPR)

17) Deposit Refund System (DRS): The State should consider implementing a DRS similar to those in Goa and Uttarakhand to manage non-biodegradable waste generated by tourists.

18) Targets and Achievements: The State Pollution Control Board must file an affidavit detailing the targets and achievements of registered producers, importers, and brand owners for the years 2022-23 and 2023-24.

19) Comprehensive Waste Management: The State must ensure compliance with EPR guidelines and submit detailed reports on the management of plastic waste.

Specific Case Decisions

20) Expedited Decisions: Various officers and departments are directed to expedite pending decisions related to SWM facilities in specified districts.

Cause Title: Suleman vs. Union of India a/w connected matters

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