शिमला/शैल। कसौली अवैध निर्माण के लिये जिम्मेदार अधिकारियों के खिलाफ कड़ी कारवाई करने के लिये एनजीटी ने प्रदेश के मुख्यसचिव को निर्देश दिये हैं। यह निर्देश Society for Preservation of Kasauli and its Environs V/s Bird’s View Resort and Ors में दिये हैं। इनमें प्रदूषण नियन्त्रण बोर्ड और टीसीपी विभाग के कुछ अधिकारियों को चिन्हित करके उनके खिलाफ कारवाई करने को कहा गया है। इसमें यह भी कहा गया है कि यदि कुछ सेवानिवृत हो चुके अधिकारी भी इसमें दोषी पाये जाते हैं तो उनके खिलाफ भी कारवाई अमल में लाई जाये।
यह है एनजीटी के निर्देश
where the Tribunal while direction demolition of unauthorised construction and held as under:
Since we have arrived at a clear finding that the officers of the HPPCB and the TCPD and even the Electricity Department have acted, if not in direct collusion with these Noticees, they have certainly failed to discharge their statutory and public duties appropriately. They have also failed to maintain the standards of performance expected from such officers. They, in fact, completely ignored the violations by the Noticees on both counts, environmental and town planning laws and took no effective action. We have even referred to the Court proceedings which clearly demonstrate the omissions and commissions of these officers which apparently are unbecoming of a public servant. Thus, we direct the Chief Secretary, State of Himachal Pradesh to take action against all the erring officers, particularly, Mr. Pravin Gupta, Senior Environmental Engineer, Anil Kumar, Junior Engineer and other officers of the HPPCB. One Ms. Leela Shyam, District Town Planner, Mr. Yavneshwar Singh Naryal, Junior Engineer and other officers of the concerned department and the erring officers of the Electricity Board as well. Appropriate action against such officers shall be initiated in accordance with law, within four weeks from the date of pronouncement of this judgment and status thereof be brought before the Tribunal.
We further direct the Chief Secretary of the State of Himachal Pradesh, not only to confine disciplinary action against the above officers/officials but even all such other officers whether they are presently in service or not but who are found to be responsible for such omission and commission leading to these adverse environmental impacts.” Furthermore, challenge to the notification issued by the State Government has been raised before the Himachal Pradesh High court in Writ Petition No. 1370 of 2005 where the State Gover nment has stated that it will not process any application for regularization of these structures till disposal of the writ petition.
There is constitutional duty upon every citizen to protect the environment and natural resources in terms of the article 51A(g) of the Constitution. There is also a statutory duty on the persons
desirous or altering the status quo by raising construction in the ecosensitive areas to strictly adhere to and obey the laws of development under the Town and Country Planning Act, Municipal Laws and the Environmental Laws. The persons who have flagrantly violated the constitutional and statutory duties cannot be permitted to contend that they have invested monies and raised constructions which are environmentally and ecologically dangerous and are a heavy burden on the natural resources. They must face the consequences of their unsustainable activities in accordance with law, wherever the law requires the property or part thereof ought to be demolished. It is a matter of common knowledge that huge structures have been raised in the city of Shimla without complying with the environmental laws on one hand and by not providing for or taking any anti-pollution measures for prevention and control of pollution resulting from such residential or commercial activities.