Uttarakhand High Court

WPMS/3209/2022 on 19 May, 2023

             IN THE HIGH COURT OF UTTARAKHAND
                                   AT NAINITAL
                    HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                            AND
                     HON'BLE SRI JUSTICE MANOJ KUMAR TIWARI

                  WRIT PETITION (PIL) NO. 93 OF 2022

                                 19TH MAY, 2023

BETWEEN:
Jitendra Yadav                                            .....Petitioner.
And

Union of India & others                                   ....Respondents.

Mr. Dushyant Mainali, learned counsel for the petitioner. Mr. Lalit Sharma, learned Standing Counsel for the Union of India. Mr. C.S. Rawat, learned Chief Standing Counsel assisted by Mr. Gajendra Tripathi, learned Brief Holder for the State. Mr. Aman Rab, learned counsel for respondent no.3. Mr. Rajeev Bhatt, learned counsel for the Central Pollution Control Board. Mr. Aditya Pratap Singh, learned counsel for the State Pollution Control Board. Mr. Ashish Joshi, learned counsel for the Nagar Palika Parishad, Haldwani.

With WRIT PETITION (M/S) NO. 3202 OF 2022 WRIT PETITION (M/S) NO. 3209 OF 2022 WRIT PETITION (M/S) NO. 3334 OF 2022

The Court made the following:

ORDER: (per Hon'ble The Chief Justice Sri Vipin Sanghi)

Mr. Mainali has, firstly, pointed out that vide order

dated 20.03.2023, in Paragraph No.5, this Court had directed

that an endeavour shall be made to procure the Sajra plans

of the remaining Van Panchayats area within six weeks, which

had not been uploaded, and made available to the Van

Panchayats.

2. Mr. Rawat, in this regard, points out that it was

wrongly informed to the Court that there are 11,396 Van

Panchayats in the State. He states that the correct figure is

11,222 Van Panchayats. He further states that till date, Sajra

plans have been made available and uploaded in respect of

10,553 Van Panchayats.

3. We direct the State to continue to endeavour to

provide the Sajra plans to the remaining Van Panchayats area

within four weeks. The Forest Department, as well as the

Revenue Department, are both two limbs of the State, and it

cannot be an excuse for the State to not provide and upload

the Sajra plans of the remaining Van Panchayats on the

ground that they are not available with one, or the other,

department. The exercise should be completed, positively,

within six weeks. No further time for this purpose shall be

granted. The next status report should clearly indicate

compliance of this direction.

4. Mr. Mainali has also drawn our attention to

Paragraph No.8 onwards of the said order. We had taken note

of the guidelines issued by the Central Pollution Control Board

for assessment of environment compensation to be levied for

violation of the Plastic Waste Management Rules, 2016. We

had directed the State Pollution Control Board to act in terms

of the said guidelines in Paragraph No.11 of the said order.

5. Mr. Aditya Pratap Singh, who appears for the

Uttarakhand State Pollution Control Board, points out that the

State Pollution Control Board addressed a communication to

the Central Pollution Control Board on 05.04.2023, to seek a

clarification with regard to the implementation of the said

guidelines. The letter states that the Uttarakhand Pollution

Control Board has not received any communication regarding

execution of said guidelines, and it was inquired whether the

guidelines had been issued by the Central Board under

Section 5 of the Environment (Protection) Act, 1986 for

execution in the State.

6. Learned counsel for the CPCB is present. We direct

the CPCB to positively issue the necessary clarification, as

sought by the State Pollution Control Board, within the next

one week.

7. Mr. Singh has also pointed out that in terms of the

notification dated 16.02.2021, issued by the Government of

Uttarakhand (at Page No.48 of the record), the State

Pollution Control Board is levying fine/ penalty under Clause 5

of the said notification, which is being collected and deposited

with the Finance Department of the Government of

Uttarakhand under the head 'Other Financial Receipt'.

8. We may notice that the said notification also speaks

about the levying of environmental compensation. However,

no environmental compensation is being assessed or levied

by the State Pollution Control Board, as of now. The guideline

issued by the CPCB in September, 2022- in respect whereof,

the State Pollution Control Board had sought clarification, lays

down the 'Modalities for Expenditure of EC funds' in Clause

6.0. It refers to Clause 9.6 of Schedule- II notified through

Amendments to Plastic Waste Management Rules dated

16.02.2022, which provides "the funds collected under

environmental compensation shall be kept in a separate

Escrow account by Central Pollution Control Board or State

Pollution Control Board or Pollution Control Committee".

9. Mr. Singh submits that the environmental

compensation levied by the State Pollution Control Board

should be permitted to be utilized by the State Pollution

Control Board, by keeping the said compensation in a

separate Escrow account to be opened by the State Pollution

Control Board, as the said fund is to be utilized in collection,

recycling and end of life disposal of uncollected and non-

recycled or non-end of life disposal of plastic packaging

waste, on which the environmental compensation is levied.

He also states that these guidelines do not state as to, in

which account the environmental compensation which is

collected, is required to be deposited.

10. We direct the CPCB to issue clear guidelines, not

only with regard to the Escrow account, in which such funds

have to be held for the purpose of utilization, but also the

account into which such environmental compensation is to be

collected and deposited in the first place. It should be clearly

stated by the CPCB, as to under what circumstances, the

environmental compensation is required to be deposited in

the Escrow account maintained by the CPCB, or the State

Pollution Control Board, or the Pollution Control Committee,

as the case may be. The CPCB should issue the necessary

clarification in this regard within the next two weeks.

11. In case, the clarification is not issued before the

next date, we will be inclined to permit the State Pollution

Control Board to open the Escrow account, and to deposit the

environmental compensation collected in the said account,

and also utilize the same for the purpose of collection,

recycling and end of life disposal of uncollected and non-

recycled or non-end of life disposal of plastic packaging

waste, on which the environmental compensation is levied.

Learned counsel for the CPCB shall ensure communication of

this order to the CPCB for compliance without any delay.

12. Mr. Mainali has drawn our attention to our direction

contained in Paragraph No.15, in our order dated 20.03.2023,

whereby we had directed the Director, Urban Development to

file an affidavit placing before us the gist of the reports that

may have been submitted with regard to the action taken in

terms of the directions received from the Central Pollution

Control Board, under Section 5 of the Environment

(Protection) Act, for implementation of ban on Single Use

Plastic (SUP), dated 01.03.2023.

13. In this regard, Mr. Rawat has drawn the attention

of this Court to the affidavit filed by Mr. Navneet Pande,

Director, Urban Development Department Directorate,

Uttarakhand, Dehradun.

14. In his affidavit, Mr. Pande has stated that 81 Urban

Local Bodies have already registered under the SUP

compliance monitoring portal of the CPCB. As many as 344

field officers from the ULBs have registered in the application.

Instructions have been issued to all the local bodies to ensure

that their field officers are necessarily registered on the

compliance monitoring application. Vide letter dated

09.05.2023, the State Pollution Control Board has been

requested to organize trainings for the ULB functionaries to

familiarize them with the use of the application. The Urban

Development Department has ordered all the ULBs to

undertake the mandatory inspections under the overall

supervision of the District Magistrate.

15. It is further stated that the ULBs have undertaken

extensive enforcement activities since the issuance of the

directions by the Central Pollution Control Board. It is

informed that joint inspections have been undertaken with

personnel from CPCB/ SPCB. Till the filing of the affidavit, a

total of 176 such inspections had already been taken place in

the ULBs. Due to connectivity issues in remote areas, only 42

reports of such inspections have been uploaded on the

Compliance portal so far; 38674 challans have been enforced

under the Single Use Plastic ban, and; additional 28030

challans have been issued under the Anti Littering and Anti

Spitting Act, and fine to the tune of Rs.1.15 crores has been

recovered from the defaulters. A special mention has been

made in relation to the efforts made by the Nagar Nigam

Roorkee, and Kashipur, where joint inspection with members

of CPCB/ SPCB resulted in penalty to the tune of Rs.4.33

lakhs.

16. It is further disclosed that 342 complaints have

been received, of which 198 complaints have been resolved.

17. We have interacted with Mr. Pande, who is

available online, and he states that a mobile application,

namely Swachhata, has been created by the Central

Government, on which people can upload their complaint with

regard to solid waste collection, and a redressal mechanism

has been evolved so that the concerned authorities are

alerted about the complaints, and follow up action taken by

them is also required to be uploaded. In our view, it is

absolutely essential that the said mobile application is given

wide publicity so that people at large are aware of such a

facility being available. Unless awareness programme is

launched to make the people aware of such a facility, it will

remain underutilized. The figures, taken note of by us

hereinabove, show that the said facility is actually

underutilized, as only 342 complaints have been received in

respect of 102 ULBs in the State. We direct the State to

undertake the publicity campaign to popularize the aforesaid

mobile application.

18. This Court, vide its order dated 19.10.2022, had

directed creation of an E-mail ID to be maintained by the

Registrar (Judicial) of this Court, where all complaints with

regard to garbage collection could be reported, and the same

be forwarded to the concerned Commissioners for redressal.

This Court has been receiving complaints on the said E-mail

ID from time to time. Even the said E-mail ID needs to be

circulated amongst the public, and the awareness campaign

that the State would undertake for popularizing the

Swachhata application, should also simultaneously popularize

the said E-mail ID, so that the people could lodge their

complaints in the said E-mail ID.

19. The Director, Urban Development Department,

should file a further status report before the next date,

disclosing further progress made in respect of the processes

undertaken, as mentioned in Paragraph No.5 onwards of the

affidavit dated 15.05.2023.

20. We have impressed upon Mr. Pande, that apart

from enforcing the law in respect of any fresh violation for

which inspections are being conducted and fines are imposed,

it is equally important, if not more, to remove the existing

solid waste and plastic waste from within the ULBs, so that

the people at large observe and perceive their surroundings

as clean. Experience has shown that areas which are kept

clean, remain clean, and are easier to maintain, as the people

themselves are slow to throw garbage casually on such clean

streets and open areas. On the other hand, areas which have

a lot of garbage strewn, are generally considered by the

people at large, as dirty, and they do not think twice before

throwing their own garbage in the already dirty place. It is,

therefore, essential that the existing garbage lying in the

ULBs is collected and removed on a war footing. If such an

exercise is undertaken, the citizens would also develop a

sense of ownership and pride in their towns and cities, and

would make an endeavour to keep it clean.

21. We direct the State to ensure compliance of this

direction, and the exercise for collection of the garbage,

which is lying strewn in all the ULBs, should be undertaken on

a war footing. Status in this regard should be reported, in the

next status report filed by the Director, Urban Development

Department.

22. An affidavit has also been filed by Mr. Anand

Swaroop, Director, Panchayati Raj, Government of

Uttarakhand. He has disclosed that under the Rashtriya Gram

Swaraj Abhiyan, funds have been allocated by the State for

establishment of compactors for plastic waste compaction for

each of the 95 blocks in the State. 74 compactors have been

procured, and are in the process of being operational at the

block level. Unfortunately, the affidavit is silent about the

timeline, within which, the said compactors would be

operational. It is further stated that the remaining 21

compactors are scheduled to be delivered by 30.06.2023.

Whenever affidavits are filed, we expect the authorities to

clearly indicate the timeline, and not to leave it vague, as it

serves no purpose.

23. Mr. Rawat, on instructions from Mr. Manoj Tiwari,

Deputy Director, Panchayati Raj, states that 07 of the

compactors installed at the block level, have already been

operational, and the remaining would be operational within

two months.

24. It is further disclosed that, as on date, 5537 Gram

Panchayats, out of 7795 Gram Panchayats, have the

mechanism for transportation of plastic waste to the

compaction centre facility. The remaining 2258 Gram

Panchayats would have the facility for transportation of

plastic waste 'expeditiously'. Once again, the affidavit is

vague, and it should have indicated definite timeline.

25. Mr. Rab, who appears virtually on behalf of the

Director, Panchayati Raj, states that the remaining 2258

Gram Panchayats would also have the mechanism for

transportation of plastic waste to the compaction centre

facility, by 30.06.2023.

26. We take the above statement on record, and the

Director, Panchayati Raj, shall remain bound by the same.

27. At this stage, we may notice our order dated

24.04.2023, passed in Writ Petition (PIL) No.58 of 2023. That

writ petition had been preferred to raise the grievance with

regard to the policy adopted by the State for supply of

country-made liquor in paper based cartons only. We were

concerned with the extent of solid waste, the adoption of such

policy, would generate. We were informed on behalf of the

State that the mechanism adopted by the State for

management of solid waste along the pilgrimage route to

Kedarnath, i.e. fixation of QR Code on the packaged water

bottles, could be adopted in respect of the paper-based

cartons in which country-made liquor would be supplied.

28. We applauded the State for adopting such a

scheme, and we had expressed our view that there is no

reason why the same should not be implemented in respect

of all other non-biodegradable packaging in which goods are

sold in the State. Paper-based cartons, plastic bottles and

plastic pouches are very commonly used for selling items,

particularly food items, and the respondents should examine

the feasibility of implementing the said Scheme in respect of

all such packaging. We had directed that the said order dated

24.04.2023 be placed on record of the present writ petition.

29. Mr. Mainali has tendered in Court a supplementary

affidavit. With this affidavit, he has placed on record a

brochure issued by the Recykal- the company which has been

engaged in evolving the digital deposit refund system. In the

brochure, the said company has stated as follows:-

"To manage the problem of plastic littering on the Kedarnath pilgrimage trek, the Rudraprayag District Administration, Uttarakhan, implemented a unique Digital Deposit Refund System (Digital DRS). Under this initiative, the District Administration signed an MOU in May 2022 with Recykal, a tech disruptor accelerating circularity in India. With the help of the local district administration, Recykal was able to distribute & ensure the usage of unique QR coded stickers to all shops enroute the Kedarnath trek. The shop vendors pasted these QR- coded stickers onto consumer goods packaged in plastic. Tourists/ Citizens paid a deposit amount (Rs.10) while purchasing products with plastic packaging and got a refund via cash or UPI on responsibly- returning the plastic bottle at one of the many Deposit Refund Centres that were placed strategically on the 50 km stretch of the Kedarnath shrine".

30. In the affidavit filed by Mr. Pande, Director, Urban

Development Department, he has stated that the said Deposit

Refund System was initiated by the District Administration of

Rudraprayag in the Kedarnath shrine area. A deposit fee is

levied on all kinds of plastic bottles, tetra packs, i.e. paper

based cartons, which are entering the area of Kedarnath

shrine. This deposit fee is over and above the Maximum Retail

Price and is refunded immediately upon return of the empty

bottle/ packaging material at the designated centres. This

had reduced littering by pilgrims along the walking tracks, as

now there is an incentive to return these empty bottles. Of

the approximately 1.6 lakhs QR codes, which were issued last

year, over 1.00 lakh codes were returned.

31. In the affidavit Mr. Pande further states that due to

the success of the project in the last Yatra season, this year

the project had been extended to include multi layer plastic

and other items as well. The local shopkeepers have also

been made stake holders in this process, by giving them as

additional incentive of one rupee per item for serving as

collection points.

32. At this stage, we may observe that under the

present system, it is left to the shopkeepers to affix the QR

codes on the packaged goods in plastic. Ideally speaking,

such QR codes should be affixed by the manufacturer, who

packages his goods in plastic packaging, so that there is full

compliance of the Scheme.

33. Mr. Rawat has explained that, firstly, the

shopkeepers are required to purchase the QR codes, and

unless they affix the same on the plastic packaged goods,

they will not be able to recover their investment. Moreover,

there is an incentive of one rupee on return of plastic

packaging, and therefore, they are more likely to affix the QR

code on the plastic packaged goods.

34. In Paragraph No.17 of the same affidavit, Mr.

Pande states that the SOP of the successful efforts made in

District Rudraprayag had been circulated amongst all ULBs

with instructions to take up the project. Already District

Administration of Uttarkashi is replicating the project in the

Gangotri/ Yamunotri areas.

35. In response to our query, Mr. Pande states that the

said project has yet not been implemented in Badrinath area.

36. The State should seriously endeavour to implement

the same along the route to Badrinath.

37. It is further disclosed that similarly MoU has been

entered into by the District Administration Nainital.

38. In the next status report, the Director, Urban

Development Department, should indicate further progress

made in this regard.

39. The adoption of the scheme, aforesaid, i.e. deposit

refund system is presently being undertaken only in 102 ULBs

in the State. In areas falling outside the ULBs, the scheme is

not being implemented.

40. In our view, for an effective and complete

implementation of the scheme/ system, it is necessary that

the entire State should be covered by the deposit refund

system. We say this, because it could well be that a person-

who buys an article in plastic packaging falling within the ULB

area, travels outside the said ULB, and after consuming the

packaged material/ goods, disposes of the used plastic

packaged outside the ULB area. Unless the system is adopted

throughout the State, it would remain less effective.

41. We may notice that, in the affidavit filed by Mr.

Anand Swaroop, he has not adverted to this aspect of the

matter at all. We direct the Chief Secretary, Uttarakhand, to

personally look into this issue, so that the said system is

implemented throughout the State, and is not confined only

to the ULBs. Progress made in this regard should be indicated

in the next status report.

42. In our order dated 24.04.2023, passed in Writ

Petition (PIL) No. 58 of 2023, we had also put the State to

notice that we would be dealing with the aspect of

introduction of biometric attendance of all Safai Karmcharis

employed by ULBs, Panchayats etc. in the State to ensure

that they are actually working on the ground, and are not

mere ghost employees.

43. In the affidavit filed by Mr. Pande, he has stated

that instructions for ensuring biometric attendance were

issued as early as on 15.07.2017. However, due to the

advent of the COVID-19 Pandemic, the practice of biometric

attendance had to be discontinued. Post COVID instructions

had been issued to ensure biometric attendance on

06.05.2023 by the Urban Development Directorate. It is

further stated that to weed out the ghost employees, if any,

all the ULBs have been asked to carry out the physical

verification exercise to all sanitation workers, whether regular

or contractual. It is stated that all the ULBs shall undertaken

this exercise in 15 days, and furnish a certificate to the same

effect, and that the ULBs shall ensure increase in the number

of biometric machines along with installation of GPS

monitoring system in the vehicles associated with sanitation

activities. The respondents shall remain bound by this

representation.

44. The next status report to be filed by the Director,

Urban Development Department, should indicate further

progress made in this regard. It should be ensured that there

are no Safai Karamcharis, engaged in any ULBs, whose

attendance is not marked in the biometric machine.

45. So far as the affidavit of Mr. Anand Swaroop,

Director Panchayati Raj, is concerned, he stated that he had

directed all the District Panchayat Raj Officers and Apar

Mukhya Adhikaris to take all measures to ensure compliance

of our orders in letter and spirit. Report has been received

from the Zila Panchayats with regard to installation of

biometric attendance system for the activities undertaken by

the Zila Panchayats. The same has been reproduced in a

tabular form here-in-below:-

Status of Biometric attendance in rural markets and pilgrimage routes by Zila Panchayats S. No. District Status of Biometric Machine for attendance 1 Pithoragarh In Process 2 Bageshwar Yes 3 Champawat In Process 4 Almora Biometric attendance after appointment of sanitation workers 5 Nainital Contractor has been instructed for ensuring biometric attendance 6 U.S. Nagar Biometric attendance after appointment of sanitation workers 7 Haridwar Arrangements for biometric attendance are being made at the Common Waste Plastic Recycling Facility.

  8      Dehradun               Contractor   has    been      instructed     for
                                ensuring biometric attendance
  9      Chamoli                In Process
 10      Pauri Garhwal          In Process
 11      Tehri Garhwal          In Process
 12      Uttarkashi             Contractor   has    been      instructed     for
                                ensuring biometric attendance
 13      Rudraprayag            In Process

46. The aforesaid tabulation would show that only in

District Bageshwar, the biometric attendance machine has

been installed, and is working. In all other districts, it is in the

process of being installed by the contractors, to whom the

works have been outsourced. They have been instructed to

install biometric attendance machine.

47. We are not satisfied with the said affidavit. Once

again we find that the Director, Panchayati Raj has not

indicated any definite dates in his affidavit. We direct him to

file a better affidavit, indicating the exact date by when the

biometric attendance machine shall be introduced in all the

Panchayats. The State should ensure that there is no dearth

of funds for procuring the biometric attendance machines, for

being supplied to all the Gram Panchayats.

48. Mr. Mainali has pointed out two relevant aspects to

us. Firstly, he submits us that the National Green Tribunal,

vide its order dated 11.05.2023, on the issue of Compliance

of Municipal Solid Waste Management Rules, 2016 and

other environmental issues, in relation to the State of

Uttarakhand, has imposed a find of Rs.200 Crores on the

State. Paragraph Nos.59 to 61 of the said order read as

follows:-

"59. In view of above, considering the statement the gap in sewage generation and treatment about (60 MLD) and gap in solid waste (252.65 TPD of unprocessed waste and 15.75 lakh MT of

legacy waste), estimated environmental compensation comes to about Rs. 200 Crores. The environmental compensation rests on polluter pays principle recognizing failure in scientifically managing the liquid and solid waste in violation of mandate of law particularly judgments of the Hon'ble Supreme Court and this Tribunal.

60. The Chief Secretary has given understanding that the amount of Rs. 200 crores, readily available with the State, will be ringfenced for utilizing exclusively for sewage and solid waste management.

61. In view of above, we accept the prayer of the Chief Secretary that instead of this Tribunal levying compensation, the Administration itself will ensure availability of Rs. 200 crores by transferring the amount in a separate ring-fenced account within one month to be operated as per directions of the Chief Secretary. Chief Secretary may review progress of work atleast once a month as already directed and by District Magistrates at district level and reporting to Chief Secretary."

49. Mr. Mainali further points out that the gap between

the solid waste management generated and processed in the

State is enormous, i.e. 310.23 tonnes per day.

50. Mr. Mainali has also drawn our attention to a report

on the issue "On ground evaluation of the issue of colossal

environmental degradation in the prominent pilgrim track

regions of Uttarakhand". This report was prepared by the

MoEF & CC, Dehradun, Uttarakhand, CPCB, Lucknow, Uttar

Pradesh, UKPCB, Dehradun, Uttarakhand and G.B. Pant

National Institute of Himalayan Environment, Almora,

Uttarakhand, and submitted to the National Green Tribunal in

terms of the order dated 12.08.2022 in O.A. No.561 of 2022.

He has also drawn our attention to Paragraph No.3.3.1, which

deals with the Solid Waste and Plastic Waste Management

along the Yamunotri track, Uttarakhand. The said Committee,

inter alia, has reported, as follows:-

"3.3.1 Solid Waste and Plastic Waste Management" i. Zila Panchayat Uttarkashi (hereafter referred as "agency") is authorized agency for management of solid and plastic waste in entire track.

ii. The Yamunotri track was allegedly cleaned by sixty (60) sweepers. However, during the inspection, it was observed that the tracks had not been cleaned. Dungs, solid waste, and plastic waste were either on or in the track valley leading to the Yamunotri River.

iii. Janki Chatti has no waste processing plant for the treatment of solid and plastic waste generated by track. According to reports, solid waste and plastic waste are collected and disposed off in Nagar Palika trenching grounds, in violation of the provisions of the Solid Waste Management Rules, 2016 and the Plastic Waste Management Rules, 2016 as modified.

iv. The agency has installed compactor for plastic waste, but it wasn't operational.

v. During visit, very poor management of solid/ plastic waste was observed. Agency has not provided proper collection, transportation and disposal system for solid and plastic waste.

vi. The quantity of non-biodegradable waste collected (Gangotri and Yamunotri) by the agency from 2019 to 2022 is presented in Table 6.

          Table       6.   Amount       of       non-biodegradable          waste
          collected (Gangotri and Yamunotri)
             Year          2019            2020           2021             2022

            (in Kg)

vii. During the inspection, plastic waste, solid waste, and horse dung were observed close to the track and in the valley next to the track.

viii. During the visit, the soak pit toilet system that was installed in some locations was found to be full of waste and some toilets were found to be dysfunctional.

ix. It was observed during the visit that the public toilets appeared insufficient for pilgrims.

x. It is also informed that during May to July of every year, crowd escalates higher number as compared to other months. Possibility of very poor situation with respect of solid/ plastic waste management as well as track cleaning cannot be ruled out during peak time.

xi. The graph indicating number of registered people visit during Yamunotri and Gangotri yatra from 2019 to 2022 is depicted below in fig 8.

Fig. 8 Number of Pilgrims visited at Yamunotri and Gangotri xii. It is evident from above graph that 4,85,688 pilgrims visited in 2022 as compared to 9,96,796 pilgrims in year 2019.

xiii. During visit, there was no solid waste/ equine dung collection pit and plastic waste management system was development in Yamunotri Track.

xiv. Government of Uttarakhand has restricted number of pilgrims to 5000 per day. But, during interaction with local people, number exceeded during May to July of every year."

51. He has also referred to the recommendations made

by the Committee. We may, in particular, notice the following

extract from the concluding remarks and recommendations,

which reads as follows:-

"Concluding Remarks and Recommendations: It is evident from the above observation that solid and plastic waste management is very poor in the pilgrim tracks, viz. Kedarnath, Yamunotri and Hemkund Saheb. However, Gangotri-

Gomukh trek has moderate level of management for solid waste

which need to be strengthened. On the track, there was solid and plastic waste as well as mules/ equines dung. No proper collection, transportation and disposal system for solid waste, plastic waste and dung was observed. Waste is swept to the side of the track by sweepers working to clean the tracks. The shelter/ ghodapadav was found to be in extremely poor condition. In comparison to registered mules/ equines, there are fewer and smaller shelters. All four pilgrim tracks have a dung heap at the shelter place. Disposal mechanism of dead body of mules/ equines is not defined. Hence, Zila Panchayat, Chamoli, Rudrprayag and Uttarkashi may be directed to comply with following recommendations:

a. ............

b. The agency shall collect all solid and plastic waste, and site-specific mechanisms for its collection and transportation should be devised.

c. The agency needs to setup a solid waste processing plant. All solid waste should be properly treated/ disposed off as per the Solid Waste Management Rules, 2016. d. Plastic waste should be collected and disposed off through registered recyclers.

e. The agency should provide adequate space at ghodapadav/ shelter. Dung generated from shelter and track should be cleaned at regular interval and disposed off as per the Solid Waste Management Rule, 2016. Dung at track should b cleaned at regular interval and immediately send to treatment area.

f. Agency should ensure proper treatment of liquid waste generated from mules/ equines.

g. The State Government or Agency should provide a team of veterinarians to every pilgrimage site to ensure adequate care of mules and horses and to prevent animal abuse. h. A system should be established to make sure that the post-mortem and verification of insured deceased mules doesn't take too long, and that they are disposed of in accordance with CPCB guidelines.

i. Regular surveillance is required to ensure compliance with the above recommendations as well as proper enforcement of the Solid Waste Management, 2016 and the Plastic Waste Management Rules, 2016, as amended".

52. We direct the State to take notice of the aforesaid

aspects pointed out by Mr. Mainali, and to take remedial

steps on the aspects pointed out by the Committee aforesaid.

On the next date, the State should clearly disclose what steps

have been taken to remedy the situation noticed here-in-

above. A point by point response should be filed by the

respondents.

53. Lastly, Mr. Mainali has drawn our attention to the

order issued by the Ministry of Road Transport & Highways,

Government of India, on 06.02.2023 to all the States and

Union Territories. This communication has been issued on the

subject of 'Use of plastic waste in bituminous mix in the

construction of Service Roads and slip road along National

Highways'. The communication, insofar, as it is relevant reads

as follows:-

"Ministry of Road Transport & Highways vide referred circulars issued the guidelines to encourage the use of plastic waste in the hot mix bituminous wearing coat/ periodic renewal. It was made mandatory to follow the said guidelines for laying of wearing coat on Service Roads along National Highways within 50 kms peripher of urban area having population more than 5 lakhs.

2. In continuation of this, it has now been decided that use of plastic waste is mandatory in the wearing coat of Service Roads and Slip Roads throughout National Highways apart from in periodical renewal coat of main carriageway on National Highways within 50 kms periphery of urban area having population more than 5 lakhs.