Naveen Kapil & another vs State of Uttarakhand & another

The present petition, in the nature of public interest litigation, has been filed by the petitioners pro bono publico, seeking a direction to the respondents to arrange proper management for disposal/removal of garbage and waste material in Haldwani city, District Nainital.

According to the averments made in the petition, the respondent no.2 is dumping the garbage near ''Gola Rokhar'' rainy drain. The Circle Officer of Gola Tarai Forest Department, Haldwani has also issued a notice to the respondent no.2- Nagar Nigam, Haldwani- Kathgodam through Mukhya Nagar Adhikari on 19.1.2013 to take immediate action for stopping the flowing of sewage and throwing the garbage in the forest area. The Forest Department again issued a notice to

respondent no.2 on 19.5.2013. On 6.6.2013, the notice was issued to the Secretary, Mandi Parishad, Haldwani not to throw garbage in the reserved forest area which was damaging the environment. Petitioners have sought information under the Right to Information Act . The Forest Department has informed the petitioners that the respondent no.2 was throwing garbage in the forest area which is an offence. The bio-medical waste generated from the hospitals and nursing homes was also being dumped in the forest area and water channels, further degrading the environment and ecology of the area.

The respondent no.2 has filed its reply. According to the averments made in the reply, the population of Haldwani Municipal town is 154218. The total area of Haldwani is 10.62 square kilometres and the town is divided into 25 Wards. The respondent no.2 has engaged 431 employees and is having 16 vehicles for the disposal of garbage and almost every day, about 70 tons of garbage waste is collected from the town. The Nagar Nigam is in the process of acquiring around 4 hectares of land under the Urban Infrastructure Development Scheme for Small & Medium Towns (UDISSMT). The Government of India has approved the scheme and a sum of Rs.1591 lakhs has been sanctioned, for the utilization of which, the proceedings are pending before the State Government.

Similarly, the Union of India has sanctioned a sum of Rs.3488.00 lakhs to the respondent no.2 for Solid Waste Management. It has been categorically admitted in the reply of respondent no.2 that the garbage was dumped in the forest land provided to it by the Forest Department. Efforts were made to acquire 4 acres of land for running solid waste management scheme.

On behalf of the respondent no.1, a detailed reply has been filed by the Additional District Magistrate, Nainital. It is averred in the reply that there is a facility of door to door collection of garbage in only 8 wards out of 15 wards. It is also admitted that the garbage is being dumped in ''Gola Rokhar''.

What emerges out from the facts enumerated hereinabove is that the garbage is being dumped in the city of Haldwani in the forest area which is in the close proximity of ''Gola Rokhar'' rainy drain.

We have seen the photographs for visual impression placed on record. The garbage is indiscriminately dumped in the rainy drain which is being washed out in the river. The action of the respondent no.2 to dump the garbage in the river is in violation of the Environment Protection Act and the Rules, framed thereunder. It is also causing the air as well as water pollution. The Forest Department has already issued notices to the respondent no.2 not to dump the garbage in the forest area. We are shocked to notice that the garbage is being dumped in the forest area. It is on record that the Central Government has sanctioned a sum of Rs.1591 lakhs for collection, segregation and transportation of garbage (bio- degradable and non-biodegradable). The Central Government has also sanctioned a sum of Rs.3488 lakhs under the Solid Waste Management Scheme. It is evident that the amount sanctioned by the Central Government, till date, has not been utilized by the respondent no.2.

The State Government ought to have taken action after a sum of Rs.1591 lakh had been sanctioned for collection of garbage, bio-degradable and bio-non-degradable. Similarly, a sum of Rs.3488 lakhs should have been utilized, by now, by the respondent no.2 for management of solid waste in Haldwani town.

Accordingly, the petition is allowed. There shall be a direction to the respondent no.2- Nagar Nigam, Haldwani to utilize the amount sanctioned by the Central Government under the UDISSMT Project as well as for Solid Waste Management Scheme. The State Government is directed to take necessary steps in this regard. Respondent no.2 is directed not to dump any garbage henceforth in the forest area including at the banks of ''Gola Rokhar'' rainy drain forthwith.