Himachal Pradesh High Court suggests imposition of solid waste management charge on tourists

The Himachal Pradesh High Court recently urged the State government to consider imposing solid waste management charges on tourists in the State [Suleman And Others vs. Union Of India And Others]..The Court reasoned that levy of such charges on tourists entering the hilly State was essential to make the solid waste management services sustainable..In this regard, a division bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja suggested that the State follow Bhutan's example, where tourists are asked to pay a Sustainable Development Fee (SDF).“We would impress upon the State Government to empower the Local Bodies to levy solid waste management charges upon tourists at the entry point to make the solid waste management services sustainable. The Government could take a cue from Bhutan where in September, 2022, it imposed a sustainable development fee of dollars 200 per day per visitor However, fee was cut by half from September 2023 and fixed at dollar 100 per day per tourist and and in the case of children age 6 to 12 years, they were required to pay dollar 50 per child and there was no fee for children age 5 or under,” the Court noted..The Court was hearing a batch of petitions related to implementation of environmental laws in the State. In an order passed on March 23, the Court said that its endeavour was to make Shimla a model town.The Court also noted that the Himachal Municipal Corporation Act, rules and bylaws had not been amended to empower municipal authorities to enforce the provisions of environmental laws, particularly the Solid Waste Management Rules or the Plastic Waste Management Rules.It thus directed the State Chief Secretary to take immediate steps for amending the law. In the meantime, the Court ordered the municipal authorities and Pollution Control Board to enforce the Solid Waste Management Rules..The Court also took note of lack of adequate training of councillors in respect of environmental laws. It remarked that Ward Committees of municipal bodies do not hold meetings to discuss developmental issues and thus no discussion on solid waste management takes place.Thus, the Court found it appropriate to direct the Himachal Pradesh Institute of Public Administration at Shimla to conduct a course that is at least a week-long for all councillors to apprise them of provisions in municipal laws and environmental laws..The Court also directed the State to ensure that adequate manpower is provided to these municipal authorities. Non-availability of finances would be no excuse, the Court added. The Court further observed that the entire exercise taken by it for the implementation of solid waste management rules may not yield the desired results in absence of a waste audit.It thus requested the Integrated Mountain Initiative Society to conduct a waste audit in Shimla as expeditiously as possible..Advocates Deven Khanna, Parav Sharma, and Shekhar Badola represented various petitioners. Additional Advocate General Sharmila Patial represented the State government. Deputy Solicitor General Balram Sharma appeared for the Central Pollution Control Board. Advocates Tara Singh Chauhan and Maan Singh appeared for the Himachal Pradesh Pollution Control Board. Advocate Virbhahadur Verma appeared for another respondent. Advocates Adarsh K Vashsista, Priya Sharma and Mukul Sood appeared for certain other parties. .[Read Order]