2024High CourtLatestLegalMarch 2024

Pollution – Solid Waste Management -Sustainable Development Fee on Tourists on the lines of Bhutan – Salutary efforts of HP High Court to make Shimla as model town and to make solid waste management sustainable in the State.

The Government of Bhutan levy solid waste management charges on the tourists at the entry point to make the solid waste management services sustainable.

The High Court has referred to the various provisions of the HP Municipal Corporation Act, 1994, in respect of solid waste management.   However, although the Solid Waste Management Rules had come into force on 1.4.2016, the Corporation Act, its Rules or Byelaws were not amended to enforce the environmental laws including SWMR 2016, Plastic Waste Management Rules 2016, Construction and Demoliltion Waste Management Rules, 2016. Moreover, it was found that the land for solid waste management facility was not available in majority of municipal councils or if available but no green buffer zone is created.

SWMR 2016 provides for duties of waste generators.  Sub-rule (4) of Rule 4 provides that no person can organise an event or gathering of more than one hundred persons at any unlicensed place without intimating the local body at least three working days in advance and such person or the organiser of such event is required to ensure segregation of waster at source and handing to the waster collector agency as specified by the local bodies.  Rule 20 provides for criteria and actions to be taken for solid waste management in hilly areas.

Lot of waste is generated at the marriages and other functions where waste is littered & scattered every where.

The principle of “polluter pays” should be applied in letter and spirit in the form of Sustainable Development Fee on the lines of suggestions of HP High Court and Bhutan Government, at every tourist place in the country.

CWP No.2369 of 2018 of Suleman and others  Vs. Union of India and others a/w connected matters.

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