( 2025:HHC:35594 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWPIL No.70 of 2024 Date of Decision:- 15.10.2025 Court on its own motion ....Petitioner Versus State of H.P. & Ors. ....Respondents Coram The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice The Hon’ble Mr. Justice Jiya Lal Bhardwaj, Judge. Whether approved for reporting?1 For the Petitioner : Ms. Shikha Chauhan, Advocate as Amicus Curiae. For the Respondents : Mr. Dheeraj Thakur, Advocate, for respondents No.2, 4 and 5. : Mr. Rajesh Kashyap, Advocate, for respondent No.6. : Mr. Rishi Tandon, Advocate, for Mr. O.C. Sharma, Advocate, for respondent No.9. : Mr. Vikrant Thakur, Advocate, for respondent No.10. G.S. Sandhawalia, Chief Justice (Oral). The present Public Interest Litigation as such, has been initiated on account of a news-item being published in ‘Dainik Bhaskar’ dated 26.10.2024 (Annexure P-1) that there was a discharge of black Ash in river Ratta at Baddi-Nalagarh during the night hours and the Himachal Pradesh State Pollution 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 Control Board as such was not acting against the erring Industrial Units. 2. Resultantly, respondent No.6-Himachal Pradesh State Electricity Board alongwith respondent No.9-M/s Claridge Moulded Co. Limited Unit-1 having its unit in at Nalagarh was impleaded as a party respondent and the Superintendent of Police, Baddi-Barotiwala, District Solan, Himachal Pradesh was directed to show-cause as to why the FIR had not been lodged against the said Firm. 3. Vide order dated 12.11.2024, certain directions were issued thereafter regarding the affidavit filed by the Superintendent of Police, Baddi-Barotiwala and the dissatisfaction against the affidavit as such. 4. Resultantly, vide order dated 04.12.2024, M/s Indo Farm & Tractor Unit-II was also impleaded as a party respondent No.10, keeping in view the fact that it had come on record that the said unit is not disposing of its waste at an authorized place and the waste was found dumped in the open land near river Ratta and matches the waste generated by the unit. Action under Section 33-A of the Water (Prevention and Control of Pollution) Act, 1974, and Section 31-A of the Air (Prevention and 3 Control of Pollution) Act, 1981 had also been initiated for power disconnection. 5. The specific prayer had also been made to the Department of Industries with a direction that CCTV cameras be installed in the area to maintain strict vigil and prevent such incidents in future, while impleading the said Department as a party respondent No.11. 6. Vide order dated 09.01.2025, the personal affidavit of respondent No.7-Superintendent of Police, Baddi-Barotiwala had been filed regarding the fact that why the FIR was not registered and show-cause notice had been issued against the concerned officials etc., 7. The electricity supply which had been disconnected on 14.11.2024, in view of the order passed on 12.11.2024 as such was directed to be restored, keeping in view the large number of workers as such employed in the Industrial Units and also the pro-active steps having been taken and as they had started to lift dumped waste material, fly ash through the tipper’s by engaging M/s Asha Enterprises from the catchment area of river Ratta. Respondent No.10 had also installed the towers for fixing of CCTV cameras and raised the boundary wall at the front side and had installed fencing and gate at the site. The said 4 Department had also asked the respondent-Board to take necessary steps to assess the damage which had been caused to the Environment for unscientific disposal of the dumping of fly/ash waste. Subsequently as per affidavit of respondent No.7, the investigation was stated to be under process in FIR No.295 of 2024 dated 26.11.2024, under Sections 272, 279 of Bharatiya Nyaya Sanhita (BNS) registered at Police Station Baddi. Notice had also been issued on 20.06.2025 as to why the electricity supply to respondents No.9 & 10 should not be suspended till their making adequate arrangements for dumping ash. 8. Resultantly, we had also appointed Ms. Shikha Chauhan, Advocate as Amicus Curiae to assist the Court. 9. We have been taken through the file as such and apparently it transpires that in the criminal proceedings the challan was prepared against the four accused and has been filed before the Court of Chief Judicial Magistrate, Nalagarh on 28.03.2025. The Pollution Control Board has imposed the penalty as such upon M/s Indo Farm and Tractor Unit-II of Rs.3,00,000/- on 07.02.2025, which was duly deposited on 13.02.2025. Similarly respondent No.9-M/s Claridge Moulded Co. Limited Unit-I was also imposed the penalty of 5 Rs.10,12,500/- on 07.02.2025 which had been duly deposited on 04.03.2025. 10. The said fact also finds mention as such in the status report filed now by the Regional Officer of the Himachal Pradesh State Pollution Control Board, Baddi, wherein it has also been mentioned that all the units were found disposing of their waste at authorized places. 11. The compliance affidavit on behalf of respondent No.7 has also been filed, wherein it has been mentioned that the said respondent was engaged in the scientific, systematic, and environmentally disposal of the non-hazardous material generated from its Casting Division, through the various agencies and the documents have been placed on record as such showing the transportation disposal of such material. 12. The response of respondent No.9 would go on to show that an agreement dated 29.10.2024 has been entered into with Naresh Kumar for lifting, transporting, disposal of boiler fly ash and the said agreement is till 31.12.2025 with one-Gurdas Chandel. It has been mentioned that respondent No.10 has erected a boundary wall at front side of the area and the entire area of lease hold land alongwith the catchment area of river Ratta has been fenced with barbed wire and barricaded with 6 channels of heavy gauge and even CCTV cameras had been installed to capture all wrongful and illegal activities of dumping fly ash and waste had been installed and flood-lights have also been provided around the said area. 13. Keeping in view the above, we are of the considered opinion that now pro-active steps as such have been taken to redress the issue and the matter requires closure and since the adequate compensation has also been assessed and paid by the boilers as such. 14. However, on the suggestion made by the learned Amicus Curiae, we direct that the CCTV cameras which have been installed at the site as such will be regularly monitored by the Himachal Pradesh State Pollution Control Board and also the site in question will also be monitored by the Police Authorities, who may bring to the notice of the Himachal Pradesh State Pollution Control Board any violations made regarding dumping of any Industrial waste in the said area. It would be appropriate for the Pollution Control Board and the Police Authorities to take appropriate action, in case any fresh information comes to their notice that any Industrial Units as such are misutilizing the area in question. 15. Accordingly, the present petition stands closed. 7 16. Pending miscellaneous application(s) if any, shall also stand disposed of. (G.S. Sandhawalia) Chief Justice (Jiya Lal Bhardwaj) Judge 15th October, 2025 (munish thakur)