Slackness of authorities compels courts to interfere: CJ
Mohinder Verma
JAMMU, Dec 15: Taking serious note of disposal of solid waste in most unscientific manner and non-implementation of Solid Waste Management Rules, Division Bench of State High Court comprising Chief Justice Badar Durrez Ahmed and Justice Sanjeev Kumar today directed the Commissioner Secretary to Government, Housing and Urban Development Department and Commissioner of Jammu Municipal Corporation to appear in person on next date of hearing to explain reasons behind non-serious approach towards the issue connected with the environment and health of the common masses.
These directions were issued in a Public Interest Litigation titled Rajinder Singh Versus State of Jammu and Kashmir and Others. When the matter came up for hearing, Additional Advocate General Rohit Kapoor appearing for the Pollution Control Board made a power point presentation highlighting the mechanism to monitor ambient air quality in Jammu.
Through the power point presentation, light was also thrown on generation and disposal of solid waste and bio-medical waste and the areas of the concerns for the Pollution Control Board.
The DB was apprised that Pollution Control Board has set-up three stations for monitoring ambient air quality at Jewel Chowk, Narwal and Bari Brahmana and 13 new ambient air quality monitoring stations have been proposed to the Central Pollution Control Board. It was also informed that three more stations will come up at Kachi Chawani, Janipur and Satwari Chowk.
As far as solid waste management is concerned, the power point presentation prepared by the Pollution Control Board revealed that a total of 653 metric ton of solid waste is generated every day in Jammu region out of which 605 metric ton is collected and only 5.5 metric ton per day is treated.
As far as Jammu city is concerned, a total of 380 TPD waste is generated out of which 350 TPD is collected. However, there is no mechanism for scientific disposal of waste and maximum waste is either thrown in River Tawi or dumped in open at Bhagwati Nagar on about 60 kanals of land despite the fact that the dumping site is at a distance of less than three kilometers from landing strip of Jammu Airport.
After going through the presentation, the Division Bench started posing one after another query to Senior Additional Advocate General S S Nanda, who was appearing for Housing and Urban Development Department and Jammu Municipal Corporation.
The DB sought to know the status of land identified at Kot Bhalwal for scientific disposal of solid waste. But, the Senior AAG failed to give any satisfactory reply. Moreover, none of the officers of the Municipal Corporation was present in the court to assist him. “We are treating Bhagwati Nagar as regular site till all the issues relating to Kot Bhalwal site are resolved”, Senior AAG said.
However, AAG Rohit Kapoor reiterated that Bhagwati Nagar site is just three kilometers away from landing strip of Jammu Airport and can prove dangerous having potential of bird strike.
“It is pity on the part of Jammu Municipal Corporation”, Chief Justice remarked in the open court, adding “we usually witness garbage scattered in different parts of Jammu city and that reflects the working of the municipal body”.
On this, AAG Rohit Kapoor said, “there are Solid Waste Management Rules, 2016 which are to be implemented by the Municipal Corporation”, adding “in these rules the duties of waste generators and urban development agencies have been clearly defined”.
Senior AAG S S Nanda miserably failed to answer the queries of the Division Bench regarding implementation of these rules. Moreover, he could not specify as to what steps are being taken to properly handle e-waste.
“This is a sort of non-governance”, the DB further remarked in the open court and said, “the authorities make the rules for the betterment of the people but when it comes to implementation they falter”, adding “when the courts start interfering the politicians and bureaucrats raise hue and cry but they seldom realize their duties towards the common masses”.
“The courts are bound to play their role to ensure that people are not deprived of their rights enshrined in the Constitution of India”, the Chief Justice said in the open court, adding “if the authorities don’t want the courts to interfere then they must implement the rules meant for the public welfare”.
With these observations, the DB directed the Commissioner Secretary to Government, Housing and Urban Development Department and Commissioner of Jammu Municipal Corporation to appear in person on next Tuesday to explain the reasons behind non-implementation of rules and non-disposal of solid waste in scientific manner.
About the brick kilns, the DB was informed that there are a total of 269 units in Jammu region and majority of them are situated in Jammu, Samba and Kathua districts. However, all were running without proper permission under the new rules.
Why you are not taking action against such brick kilns?, the DB asked. However, AAG Rohit Kapoor said that in all those cases where action was initiated the owners of the brick kilns obtained stay orders from the High Court. On this, the Chief Justice said, “this issue will be taken care of on the date when these cases are listed”.
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