The National Green Tribunal (NGT) has ordered the Kullu administration to immediately halt all construction activities and any change in land use for a proposed Material Recovery Facility (MRF) inside a public park in Kullu town, Himachal Pradesh. Justice Arun Kumar Tyagi, presiding over the case, also directed the Kullu Superintendent of Police to ensure that no construction or solid waste dumping occurs in the park located in Sarvari.
NGT Observes Parks as 'Lungs of Cities'
Observing that parks and green belts in urban areas act as the lungs of cities and cannot be encroached upon or subjected to construction activity, the NGT ordered the formation of a joint committee. The committee will include representatives from the Central Pollution Control Board (CPCB), the Himachal Pradesh State Pollution Control Board (HPSPCB), and the Kullu Deputy Commissioner. They have been directed to inspect the site, verify facts, recommend remedial measures, and submit a report within a month.
Petition Filed by Local Resident
The NGT order follows a letter petition filed by Sanjay Kapoor, a resident of Kullu town. In his petition, Kapoor stated that Nehru Park, spread over five bighas in Ward No. 3 of Kullu town, was originally developed as a public recreational space with pathways, ornamental trees, flower beds, fountains, and children's swings. He highlighted that public funds were used to develop the park. Ironically, the municipal council of Kullu, responsible for maintaining the park, gradually converted portions of the public space into a dumping ground by storing sand, grit, and boulders there and parking unused mobile toilets on the premises.
Violation of Solid Waste Management Rules
According to Kapoor, the municipal council issued a tender on April 13 this year for constructing a shed within the park for establishing the MRF, and construction began on April 28. He further stated that the proposed facility violated provisions of the Solid Waste Management Rules, 2016, as the site is located less than 30 metres from the bank of the Sarvari rivulet, a tributary of the Beas river, while Bhuntar airport is within 10 km. The rules mandate that such facilities should be at least 100 metres away from rivers and 20 km away from airports or airbases.
History of Deterioration
The applicant also claimed that in a 2019 meeting, the then Kullu deputy commissioner directed authorities to maintain the status quo and preserve the park. However, its condition continued to deteriorate. Kapoor sought disciplinary action against officials responsible for allowing waste dumping in the park and urged the NGT to order the Kullu administration to immediately restore Nehru Park to its original condition, including replacing uprooted trees and vegetation.
Currently, a temporary MRF site is located near the Inter-State Bus Terminal in Sarvari and at the boundary of Nehru Park amid a residential area. Residents have complained of persistent foul smell and unhygienic conditions, demanding the relocation of the site. The case will be heard next on July 2.
