2025:HHC:32828 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWPIL No.131 of 2024 Date of Decision:- 17.09.2025 Court on its own motion ....Petitioner Versus State of H.P. & Others ....Respondents Coram The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice The Hon’ble Mr. Justice Ranjan Sharma, Judge. Whether approved for reporting?1 For the Petitioner : Court on its own motion. For the Respondents : Mr. Pranay Pratap Singh, Additional Advocate General, for respondents No.1, 2 & 4-State. : Mr. Sandeep Datta, Advcoate, for respondent No.3 and 5-H.P. State Pollution Control Board. G.S. Sandhawalia, Chief Justice (Oral). The present Public Interest Litigation was registered on the basis of the communication received from Dharam Pal Kaushik, Village Malpur P.O. Bhud, Tehsil-Baddi District Solan, Himachal Pradesh, regarding water pollution in river Sirsa, contamination in ground water, encroachment on Government land and construction of check dams etc. 2. The respondents-State has filed reply on behalf of respondent No.1-State & respondent No.4-Deputy Commissioner, Solan. They have averred that as per the report 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 dated 20.05.2025 (Annexure R/1) received from the Executive Engineer, Jal Shakti Division, Baddi regarding polluted water being supplied for irrigation purpose to Village Kenduwal & Beriyan of Gram Panchayat Malpur, that the water to the said villages is being supplied by the Krishi Vikas Sangh of Village Kenduwal & Beriyan at their own level and only maintenance of pumping machinery and civil structure is maintained by the Jal Shakti Vibhag. Due to shortage of discharge in Sirsa River and erosion, the Department of Jal Shakti had made a proposal for ground water based irrigation scheme by drilling of Tube Wells to facilitate irrigation facility to habitants of Village Kenduwal & Beriyan and adjoining villages. The detailed Project Report costing Rs.457.54 lakhs stands submitted to the Competent Authority for approval under NABARD. 3. Regarding the encroachment aspect, it has been mentioned that five persons have been allotted 03 Biswa of land each under the policy of the State Government for allotment of 3/2 biswa in Rural/Urban areas of State to houseless persons/families. The said persons had encroached upon the Government land comprised in Khasra No.1578/1295/1190/474 by way of construction of huts, preparing fields and stacking grass. Notices were duly issued on 01.02.2025 to the 3 encroachers under Section 163 of the Himachal Pradesh Land Revenue Act, 1954 by the concerned Patwari and despite notices issued, the encroachers had not removed illegal encroachments. Thereafter, the same were removed in the presence of Tehsildar, Baddi on 03.05.2025, as per report dated 20.05.2025 (Annexure R/2). 4. Regarding the issue of type of death of animals, it has been averred that no such notice was sent to the office of Deputy Conservator of Forest nor any complaint has been made and construction of check dams was to be executed by the Forest Department from time to time depending on the availability of funds, as per report received from the Deputy Conservator of Forests, Nalagarh Forest Division, Nalagarh dated 28.01.2025 (Annexure R/3). 5. Reply has been filed on behalf of respondent Nos.3 & 5-Himachal Pradesh State Pollution Control Board, wherein it has been stated that a Common Effluent Treatment Plant (CETP) has been established at Kenduwal by the Department of Industries, Goverment of Himachal Pradesh due to development of industries hub in Baddi Barotiwala and Nalagarh area for scientific disposal of trade effluent generated by the water pollution industries. The Special Purpose Vehicle (SPV) named 4 as Baddi Infrastructure has been created by the Baddi Barotiwala Nalagarh Industrial Association (BBNIA) and the hazardous waste generated by the industries are being sent to the Treatment, Storage and Disposal Facility (TSDF) Dabhota Nalagarh and the respondent-Board ensures that industries are sending its waste water to CETP at Kenduwal and hazardous waste to TSDF at Dabhota. The water monitoring of River Sirsa is being conducted on fortnightly & monthly basis under National Water Quality Monitoring Program (NWMP) in various locations from Baddi to Nalagarh and water quality of River Sirsa water falls in Class-B (i.e. Designated best use for Outdoor bathing) and Class-C (i.e. Designated best use for Drinking water source after conventional treatment and disinfection) as per criteria of Central Pollution Control Board, as per the report annexed as Annexure-R-3/1). 6. The action plan has been prepared for Rejuvenation of River Sirsa by the State Board in compliance to the order passed in OA No.673 of 2018 by the Hon’ble National Green Tribunal and is being monitored by the Deputy Commissioner, Solan and State Level task force. The joint team of various departments held meetings on 23.08.2024 and 11.11.2024, the ground water and surface water sampling at appropriate 5 locations have been started on 19.11.2024 and completed on 27.11.2024 by joint team. The traces of heavy metal are observed in the samples within the prescribed limits as per the report received from the Central Government Water Board (Annexure-R-3/4) except at locations i.e. Dhabota Dug well, Bauni & Burnwala borewll where the concentration of Manganese is marginally above the limits. 7. Reference is also made to the pendency of the CWPIL No.11/2016 titlted Court on its own motion Vs. State of Himachal Pradesh, which is also pending. The monitoring is being taken place on six locations both before and after the monsoon season and parameters have been made as per the standards set by the BIS Drinking Water Specifications. The observatory borewll has also been installed around the TSDF facility as per the report (Annexure-R-3/7), the parameters such as TDS (Total Dissovled Solids), Total Hardness and Total Alkalinity were found to be exceeding the acceptable limits. The action had been taken against the violating industries falling under BBN area which were found non-complying with the norms. Environmental Compensation of amounting to Rs.3,20,55,126.00/- (Rs. Three Crore twenty lakhs fifty five 6 thousand one hundred twenty six only) has been imposed and recovered from the defaulting units. 8. Keeping in view the above, we are of the considered opinion that the present Public Interest Litigation deserves to be given a closure as such with a direction to the Board as such to ensure that monitorining be done on regular basis, keeping in view the fact that there is in flow of heavy industry in the said area. Therefore, the prescribed parameters as such have to be maintained and adhered to and if it is not monitored it is likely to go beyond the point of no return. The Board shall ensure that the monitoring is done as per its parameters on regular basis. 9. However, we are of the considered opinion that the stand taken by the State on the response from the Forest Department that the work of the check dams will be executed depending on the availability of the funds and the type of request to be received in the Division and the matter would be taken up with the Competent Authority, is not justifiable. 10. It is the bounden duty of the State to ensure that check dams in the area are installed for the purposes of conservation of water and to ensure that the run out is to the minimum. By setting-up of the check dams, the water level in the said area will also be replenished apart from providing source of 7 irrigation and drinking water resource to the wild-life in the said area. The purpose of the said check dams as already noticed is well implemented in the area adjoining Chandigarh by the State of Punjab; and the State of Himachal Pradesh would be well advised to follow the pattern of creating check dams which would reduce the carriage of silt and provide access to water during lean season. The lesson has to be learnt as such for harvesting of excess water and therefore it would be appropriate for the competent authorities to ensure the creation of the check dams for the above said purposes by putting in place a formulated policy as such. 11. Resultantly, we dispose of the present Public Interest Litigation with the above said observations hoping that the State will realise its obligation as such to the protection of environment in the fragile eco system of the Shivaliks. 12. Accordingly, the present petition stands closed. 13. Pending miscellaneous application(s) if any, shall also stand disposed of. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge 17th September, 2025 (munish thakur)