HC directs for implementation of SWM bylaws

Excelsior Correspondent
SRINAGAR, Mar 16: The High Court today directed the authorities to inform it with regard to implementation of Solid Waste Management (SWM) bylaws in Jammu and Kashmir and Ladakh.
Division Bench of Justice Rajnesh Oswal and Justice Mohan Lal while hearing the matter filed by Environmental Policy Group (NGO) through advocate Shafkat Nazir said the authorities were directed to file the updated status report and action taken report with regard to notifying the SWM bye laws and their implementation but the same has not been done.
It is noted that the court has passed several orders whereby the authorities were directed to give the court the details of notification of the SWM Bye Laws and their implementation and despite the repeated orders nothing has not been done on the issue till date.
The respondents were also required to inform the Court with regard to implementation of the Solid Waste Management Bye Laws in the Union Territories of Ladakh. “In the interest of justice, we give one opportunity to the respondents to file the status reports / action taken reports regarding the notification of the Solid Waste Management Bye Laws in all local authorities in both the Union Territories within two weeks”, Court had said.
The DB today directed A R Malik senior AAG on behalf of J&K UT and T M Shamsi on behalf of Ladakh UT to file the latest status report and action taken report on the issue of implementation of SWM in both the UTs positively.
The petitioner-NGO has raised an important aspect of public health hygiene of the both UTs due to non-implementation of the provisions of the SWM rules of 2016 as a result Model SWM bye laws stood framed by J&K Housing and Urban Development Department but notification and their implementation by local authorities are still awaited.
The Government is also under direction to inform it about the number of tenders floated by them for implementation of the SWM system in the provinces of Jammu, Kashmir and Ladakh and also to disclose as to how many tenders have been implemented and how many are in pipeline and if there is any delay, the reason of delay be filed submitted before the court in shape of response.
Departments of Agriculture, Horticulture and Public Health Engineering as well as the Department of Tourism have to submit details of SWM and steps taken to address the issue of Solid Waste generated in the Department of Agriculture and Horticulture in both the UTs.
As regards the generation of Solid Waste in all tourist resorts and generated in the Irrigation and Flood Control Department in the course of seasonal rains, these departments are under direction to file responses with regard to implementation of SWM rules 2016.
They have to give details of establishment of SEM as also the SWM System for which proposal has been floated and if it is not confirmed, the details shall be submitted before the court. Court has found the earlier status reports filed by department of HUDD, Tourism, RDD, Horticulture, Agriculture, SMC and JMC are of early 2019. These departments were under direction to update their reports with regard to the issue of SW management and compliance of the directions of court.