Shimla: At a time when entire north-west India is facing the worst ever water crisis, authorities, both states, and centres are involved in creating water pollution as they are dumping tones of construction muck into water bodies, rivers, and water dams, feeding the supply of water for human consumption.
A recent order available on the Himachal Pradesh High Court website reveals a few severe violations of environmental laws by state authorities, underscoring a failure to uphold constitutional and legal responsibilities.
The Division Bench, comprising Chief Justice M.S. Ramachandra Rao and Justice Satyen Vaidya, issued this directive in response to a Public Interest Litigation (PIL) filed by Advocate Umesh Kanwar.
The PIL highlighted rampant illegal dumping of construction waste by agencies involved in the four-laning of the Kiratpur-Ner Chowk section of NH-21, as well as contractors from the Himachal Pradesh Public Works Department (HPPWD) and other construction activities in the area.
The court expressed its concern over the continuous dumping of muck into Govind Sagar Lake, its tributaries, and surrounding forest and public lands. Reports, including a Joint Inspection Report from April 2018 and findings by the Fisheries Department, documented the severe ecological impact, particularly the depletion of fish populations due to increased pollutants.
Chief Justice M.S. Ramachandra Rao remarked, “As observed, there has been a blatant violation of environmental laws by the state authorities. Strangely, no penal action has been initiated against the violators. This conduct reflects a failure to discharge constitutional and legal obligations.”
The court emphasised the sufficiency of existing legislative measures designed to curb such illegal activities. Relevant laws include Sections 15 to 17 of the Environment Protection Act, 1986, various sections of the Indian Penal Code (IPC), and additional provisions under the Water (Prevention and Control of Pollution) Act, 1974, Forest Conservation Act, Air (Prevention and Control of Pollution) Act, 1981, and Waste (Management and Handling) Rules, 1989.
Highlighting the constitutional mandate, the bench referred to Article 21, which guarantees the right to a clean environment, and Article 48-A, which obligates the state to protect and improve the environment.
The court’s interim order directed state authorities to:
1. Initiate penal action against all violators who have illegally dumped muck in Govind Sagar Lake, its tributaries, and on forest or public lands.
2. Ensure the clearance of dumped muck from these areas.
3. Take all necessary actions to restore the affected environment and report progress regularly.
The authorities have been given a deadline of six months to bring these actions to a logical conclusion.
