The High Court of Himachal Pradesh has directed the Principal Secretary of Town and Country Planning to ensure the issuance of notifications regarding vending and non-vending zones within the Solang Special Area in Manali.
A Division Bench consisting of Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua issued this directive after examining the response submitted by the Kullu administration. The response indicated that on January 15, the chairman of the Special Area Development Authority for Solang/Rohtang in Kullu, had sent a letter to the Principal Secretary of Town and Country Planning, urging them to officially designate vending and non-vending zones within the Solang Special Area.
In directing the Principal Secretary, the court remarked that despite a lapse of one-and-a-half months, no action had been taken by the said official until now. The court instructed the official to issue the notification well before the next hearing date and scheduled the matter for further consideration on May 22nd.
During the previous hearing, the court had instructed the SDM of Manali to promptly initiate measures for the notification of vending and non-vending zones in accordance with the provisions of the Street Vending Act, 2014. Additionally, the SDM was directed to proceed with the construction of environmentally-friendly superstructures for the proposed vending areas.
The court issued this order based on a news article published in The Tribune on July 3, 2022, titled “Littering near Atal Tunnel threat to ecology.” According to the report, littering by tourists near the Atal Tunnel has been uncontrolled, with piles of garbage visible along the roadside near the tunnel's south portal near Manali. Apart from being unsightly, this waste is polluting the environmentally sensitive region and poses a potential health risk if left unaddressed.
In response to this matter, the court treated the news article as a Public Interest Litigation (PIL). It directed the state authorities to submit affidavits detailing their plan of action, including any special drives scheduled, with specified dates aimed at clearing the garbage. Additionally, the authorities were instructed to specify the legal provisions under which fines are imposed for littering, along with disclosing the amount of fines collected in the past year.
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