HC directs LBs to adopt SWM by-laws

Excelsior Correspondent
Srinagar, Aug 22: As the Government has notified the Model Solid Waste Management by-laws, High Court directed for ensuring notifying and adopting these by-laws by Local Bodies.
The Division Bench of Chief Justice Gita Mittal and Justice Puneet Gupta sought report from the local authorities – Panchayats, Municipal Corporations, Municipal Councils, Municipal Committees, Development Authorities – of J&K and Ladakh whether they have notified the SWM by-laws or not.
Housing & Urban Development Department finalized the Solid Waste Management (SWM) By-laws and Tourism Department was to take the final call on it for its adoption.
Government counsel B A Dar (Sr. AAG) informed the Court that the Government of erstwhile State of J&K has notified the model SWM bye-laws. DB said, no repot with regard to notification thereof by local authorities has been placed before the court.
“The respondents shall ensure that the details of the local authorities are placed before us in tabulation which shall include a column giving us the date of which the local authorities have notified the SWM bylaws. This shall be positively filed before the court within three weeks from today”, the DB directed.
The by-laws of SWM were circulated to all local bodies which include urban and rural with a condition that such local adaptations as may be necessary for implementation as the special attention needs to be paid to the very serious aspect with regard to collection and treatment of medical waste.
It is on last hearing Court had directed the Government to frame and formulate the Model Solid Waste Management by-laws and report the court on next about the compliance of the direction.
It is in exercise of the powers conferred by the statutory provisions, the Government of India notified ‘The Municipal Solid Wastes (Management and Handling) Rules, 2000’. These Rules came to be superseded in the year 2015 by the Solid Waste Management Rules, 2016 after inviting objections from the public, which were notified on 8th April, 2016.


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