The High Court of Himachal Pradesh, after a hearing on a public interest litigation (PIL) filed by the Senior Citizens Council, Kullu, has issued orders that a status quo be maintained regarding the construction of a proposed material recovery facility (MRF) at Nehru Park in the Sarwari area of the district. A Division Bench comprising Chief Justice GS Sandhawalia and Justice Bipin C Negi had issued the interim order on May 8 in the case, directing that “a status quo shall be maintained regarding the park in question” until the next hearing scheduled for June 15.
The PIL had challenged the decision of the Municipal Council of Kullu to establish a waste management material recovery facility at Nehru Park in Sarwari. The petitioners argued that the park, spread over five bighas in the heart of Kullu town, was one of the few major green and recreational spaces and should not be used for other purposes.
The petition also referred to fresh tenders issued on April 13 this year for setting up a MRF shed at the park. The petitioners informed the court that the preliminary digging work already underway had allegedly damaged pathways at the park. A reference was also made to public resentment over the proposal to establish a waste management facility at the park in the centre of the town.
The petitioners contended that Nehru Park had already witnessed issues relating to neglect and poor maintenance in the past. The court noted submissions that representations had earlier been made regarding garbage dumping and the deteriorating condition of unused toilets at the park. The renovation work was later undertaken, including the laying of tracks with pavers and plantation activities.
Meanwhile, the Senior Citizens Council, Kullu, welcomed the interim orders and stated that the Nehru Park had served local residents for nearly five decades. It once had deodar trees, walking tracks, fountains, benches, a pond and children’s playing equipment. The organisation said that the park had historically provided peaceful environment for senior citizens, children and local residents.
The council said that while it fully supported scientific and effective waste management systems for the town, such projects should be developed at suitable alternative locations rather than at one of public green spaces of Kullu town.
The council recalled that in 2018, during discussions over another proposed project at the park, the authorities concerned had reportedly issued directions that the original character of the park be preserved and further developed for public benefit.
NGT orders stoppage of construction work
- The National Green Tribunal (NGT) has ordered stopping of the construction of the material recovery facility and alleged dumping activities at Nehru Park in the Sarwari area of Kullu town
- The NGT directed immediate stopping of any change of land use, construction activity or dumping of waste at the site until further orders
- The NGT stated parks and green belts were essential environmental assets that act as the “lungs” of urban areas
- The Tribunal noted that such spaces must be protected from encroachment and illegal construction
- The District Magistrate and the Kullu SP have been directed to ensure compliance with the directions. The matter has now web-listed for hearing on July 2.
