PARDEEP KUMAR Vs. SH. VIVEK BHATIA AND ORS.
LAWS(HPH)-2018-6-74
HIGH COURT OF HIMACHAL PRADESH
Decided on June 14,2018

PARDEEP KUMAR Appellant
VERSUS
Sh. Vivek Bhatia And Ors. Respondents

JUDGEMENT

SANDEEP SHARMA,J. - (1.) By way of instant contempt petition filed under Sections 10 and 12 of the Contempt of Courts Act read with Article 215 of the Constitution of India, a prayer has been made to initiate the contempt proceedings against the contemnors/respondents for having wilfully disobeyed the mandate/directions contained in the judgment dated 22.11.2017, passed by this Court in CWP No. 2086 of 2017, titled Pardeep Kumar v. State of H.P. .
(2.) Since authorities concerned failed to take appropriate measures to dispose of the garbage from the Municipal limits Ghumarwin, petitioner by way of writ petition filed under Article 226 of the Constitution of India, sought direction to the respondents to remove the garbage from the municipal limits of the Municipal Council, Ghumarwin, District Bilaspur, and thereafter take the same to dumping site for its proper disposal.
(3.) This Court vide judgment dated 22.11.2017, while taking note of the reply(s) having been filed by the various authorities passed following directions, which are as under:- "23. Though, taking note of remedial steps taken by the Municipal Council, Ghumarwin to clear the garbage from Ghumarwin, we do see any occasion to keep the present petition alive, however before disposing of the same, this Court thinks it necessary to issue following directions to the District Administration as well as Municipal Council, Ghumarwin, so that residents of Ghumarwin town are put to unnecessary inconvenience and their rights to life with dignity, is/are protected:- (a) The Deputy Commissioner, Bilaspur shall convene meeting of all the stakeholders i.e. Municipal Council, Ghumarwin, members of civil society, if any, residents of village, Bhadsin and Bajoha, where municipal council had taken land on lease for dumping garbage collected from Municipal Council and people/residents residing near the other site proposed to be taken by Municipal Council for setting up dumping site; (b) The Deputy Commissioner, Bilaspur shall make all out efforts to create awareness among the people of the area with regard to necessity of permanent dumping site; (c) The Deputy Commissioner shall take the matter with the Secretary, Urban Development to the Government of Himachal Pradesh, for the release of fund, who in turn, shall provide all necessary assistance on the top most priority for setting up permanent dumping site; (d) The Deputy Commissioner may also direct the revenue authorities in Tehsil Ghumarwin to find out some Government land for setting up dumping site. 24. Necessary action in terms of the aforesaid directions issued by this Court, shall be taken by the Deputy Commissioner, Bilaspur, within a period of four weeks, whereafter compliance report shall be submitted to this Court through Registrar (General) of this Court. However, liberty is reserved to the petitioner or other stakeholders to approach this Court in case needful, as directed by this Court, is done by the authority concerned.";


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