Himachal Pradesh HC: In a writ petition concerning muck dumping the division bench of M.S. Ramachandra Rao C.J. and Ajay Mohan Goel J. has directed Secretary, District Legal Service Authority (‘DLSA’) to visit the spot and submit a report of muck dumping along with the damage caused to the rock above village Narola. Further, directed Registrar of the IIT Roorkee to provide Geology teaching faculty for inspecting the site in question.
Issues:
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Was the damage to a rock above village Narola, which has developed cracks had been caused by uncontrolled and unscientific blasting done by the respondent?
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Whether the muck was dumped by the Contractors on the banks of river Satluj?
The Court directed the Secretary of DLSA to visit the spot after giving notice to the parties and submit the report of muck dumping along with the damage caused to the rock above village Narola which further poses a threat to the life and property of the people of the said village. The report is to be submitted by 31-7-2023.
The Court recommended that assistance from the Geology Department could be taken in the inspection and directed the Registrar of the IIT Roorkee to provide Geology teaching faculty for inspecting the site in question.
Additionally, the Court suo motu impleaded the State of Himachal Pradesh through its Chief Secretary, as party respondent in the petition and had ordered the State of Himachal Pradesh to make a sum of Rs. 1 lakh available to the Registrar of IIT Roorkee for making the inspection.
The matter will next be taken up on 03-8-2023.
[Court on its own motion v. Member Secretary H.P. State Pollution Control Board, 2023 SCC OnLine HP 765, Order dated 22-06-2023]
Advocates who appeared in this case :
Counsel for petitioner: Advocate Abhishek Dulta as Amicus Curiae;
Counsel for respondent: Advocate Virbahadur Verma, Advocate Shreya Chauhan, Advocate General Anup Rattan, Additional Advocate General Rakesh Dhaulta, Additional Advocate General Navlesh Verma, Additional Advocate General Pranay Pratap Singh, Deputy Advocate General Gautam Sood, Deputy Advocate General Arsh Rattan.