Illicit dumping of muck into Govind Sagar Lake: Himachal Pradesh HC directs penal action against violators

SHIMLA: Taking a serious view of violations regarding the illicit dumping of muck into Govind Sagar Lake in Bilaspur district, the High Court of Himachal Pradesh has directed the official respondents to initiate penal action against the violators who have dumped muck illegally in Govind Sagar Lake, its tributaries/rivulets/khuds, or on other forest or public lands. The Court has instructed that this action be taken to its logical conclusion as expeditiously as possible, and in any case, no later than six months.A division bench comprising Chief Justice M S Ramachandra Rao and Justice Satyen Vaidya issued these directions in an order on Friday. The bench directed all possible steps to clear the muck from the shores of Govind Sagar Lake, its tributaries, forest, and all public lands. The Chief Secretary of the State was asked to personally monitor the implementation of the Court's directions and to file an affidavit of compliance by the next hearing date, which is July 1.The Court noted that there had been blatant violations of environmental laws observed by the State Authorities, yet no penal action had been initiated against the violators. The Court stated that this conduct amounts to a failure on the part of the authorities to discharge their constitutional and legal obligations.The Court emphasized that Article 21 of the Constitution manifests the right to live in a clean environment, and Article 48-A obligates the States to endeavor to protect and improve the environment and to safeguard the forest and water life of the country.In the order issued on Friday, the Court observed that from the various responses received in these proceedings from the official respondents, nothing substantial appeared to have been done beyond some paperwork in the form of holding meetings and issuing directions.The Court noted that the NHAI, in its affidavit, stated that out of the total muck amounting to 6,41,256 Cum (cubic meters), the concessionaire had utilized 4,08,010 Cum of muck in the project, and 2,34,080 Cum of muck was dumped on private lands. However, the claim of NHAI has been contradicted by its own admissions as well as by a plethora of other material evidence, the Court added.The Court concluded that while the depletion of natural resources and its impact on the environment cannot be ignored, the violations of law with impunity due to the authorities' failure to enforce regulations must be viewed seriously.