Excelsior Correspondent
JAMMU, Mar 9: In a Public Interest Litigation filed by Advocate Rajinder Singh Jamwal highlighting the poor working of State Pollution Control Board (SPCB), Division Bench of State High Court comprising Chief Justice Badar Durrez Ahmed and Justice Sanjeev Kumar has expressed displeasure over lack of funds to scientifically handle bio-medical waste.
After going through the affidavits by the concerned authorities, the DB said, “insofar as the biomedical waste is concerned, there are huge gaps in implementation. The major ground given for the non implementation is the lack of funds”, adding “we fail to understand that when there are statutory provisions and statutory rules, why the concerned department does not make the requisition for adequate funds when the budgetary exercise is done”.
“It cannot be the case for the Government that they need not provide funds for activities which are mandated by the statutes and the statutory rules”, the DB said, adding “duty cast on the officials and the Government by the legislation has to be carried out. Because, that is a statutory duty and based on that statutory duty, the citizens have a statutory right seeking directions for fulfilling the duties if the Government takes the excuse of lack of resources”.
“Because, if that is so, then it would mean that the Government being the executive would be remiss in duties to execute the laws legislated by the Assembly. Whenever such a thing happens, the citizens can approach this court seeking a mandamus commanding the Government/executive to do what is required to be done under the laws”, the DB said, adding “for the implementation of the laws, adequate funds are necessary and it is the duty of the Government to make accurate projection for the same when the budgetary exercise is done”.
“Even if it is not done in the annual budget, since it is the requirement of law, the exercise can be done for a supplementary budget”, the DB further said and hoped that Government takes heed of this and conducts such an exercise at the earliest so that the provisions dealing with the biomedical waste are implemented in letter and spirit.
About dumping of solid waste at Kot Bhalwal, the DB said, “the site has to be brought within the parameters prescribed under the Solid Waste Management Rules, 2016. The compliance of the Rules at the site at Kot Bhalwal shall be filed before next date of hearing”.
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