The Himachal Pradesh High Court has recently recommended that the State government contemplate the implementation of solid waste management fees for tourists visiting the region.
The Himachal Pradesh High Court, in its rationale, emphasized the necessity of imposing solid waste management charges on tourists visiting the hilly State to ensure the sustainability of solid waste management services. The division bench comprising Justice Tarlok Singh Chauhan and Justice Sushil Kukreja recommended that the State government consider adopting a model similar to Bhutan, where tourists are required to pay a Sustainable Development Fee (SDF).
During the hearing of a series of petitions concerning the enforcement of environmental regulations in Himachal Pradesh, the Court issued an order on March 23 with the aim of transforming Shimla into a model town. The Court observed that existing legislation such as the Himachal Municipal Corporation Act, rules, and bylaws lacked necessary amendments to grant municipal authorities the authority to enforce environmental laws effectively, notably the Solid Waste Management Rules and the Plastic Waste Management Rules.
Consequently, the Court instructed the State Chief Secretary to promptly initiate actions for amending the law. Meanwhile, the Court mandated municipal authorities and the Pollution Control Board to enforce the Solid Waste Management Rules. Additionally, the Court acknowledged the insufficient training of councillors regarding environmental laws. It pointed out the lack of meetings held by Ward Committees within municipal bodies to address developmental concerns, resulting in a deficiency of discussions on solid waste management.
Therefore, the Court deemed it fitting to instruct the Himachal Pradesh Institute of Public Administration in Shimla to organize a course lasting at least one week for all councillors, aimed at familiarizing them with provisions in municipal laws and environmental regulations. Additionally, the Court directed the State to guarantee sufficient manpower for these municipal authorities. The Court emphasized that the lack of finances would not be accepted as an excuse.
Furthermore, the Court noted that the efforts it had undertaken for the implementation of solid waste management rules might not yield the desired outcomes without a waste audit. Consequently, it requested the Integrated Mountain Initiative Society to conduct a waste audit in Shimla as swiftly as possible.
Advocates Deven Khanna, Parav Sharma, and Shekhar Badola represented various petitioners.
Additional Advocate General Sharmila Patial represented the State government. Deputy Solicitor General Balram Sharma appeared for the Central Pollution Control Board. Advocates Tara Singh Chauhan and Maan Singh appeared for the Himachal Pradesh Pollution Control Board.
Advocate Virbhahadur Verma appeared for another respondent. Advocates Adarsh K Vashsista, Priya Sharma and Mukul Sood appeared for certain other parties.
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