Excelsior Correspondent
SRINAGAR, Sept 1: The High Court today imposed a penalty and sought personal appearance of Deputy Commissioner Pulwama for not providing the information with regard to dumping of Solid Waste on the land earmarked for the same.
The Division Bench of Chief Justice Pankaj Mithal and Justice Sanjay Dhar had sought the information from DC Pulwama after the submissions made by the counsel for the petitioner that under the policy regarding J&K State Integrated Solid Waste Management Strategy, 2017 formulated under Rule 11(1) of the J&K Solid Waste Management Rules, 2016, 90 kanals of land at Lethpora in Pulwama has been earmarked for the solid waste management project, but despite enclosing the aforesaid 90 kanals of land, solid waste is being dumped on other lands also.
Senior Additional Advocate General appearing in the matter stated before the bench that he has written a letter to the Deputy Commissioner concerned but not received any response from his side. The DB said court is not concerned with the internal correspondence of the counsel with the Administration and the fact is that the instructions are not forthcoming in the matter as was directed by the court in the month of June.
Court had sought instructions as to why the solid waste is being allowed to be dumped on the land other than one earmarked in district Pulwama. The Public Interest Litigation focuses on the aspect of health and hygiene in the matter of disposal of solid waste within the Union Territory of Jammu and Kashmir. It is alleged that the health and hygiene are not up to the mark due to non-implementation of the provisions of the Solid Waste Management Rules, 2016.
“…We directed this matter be listed on September 15 on which date the Deputy Commissioner Pulwama shall remain personally present subject to payment of costs of Rs 10000”, the DB directed.
It is pertinent to mention here that under the Environmental Protection Act, 1986 and the Solid Waste Management Rules of 2016, the Government has framed Solid Waste Management Bye Laws in exercise of powers under Sections 36 and 25 of the Act in consultation with all the stakeholders and have been notified in the year 2019 by the Government.
According to the Bye Laws, all local bodies are enjoined upon to take appropriate action for the disposal and treatment of the solid waste material but previously as per the counsel the aforesaid Model Bye Laws are not sufficient and that certain crucial aspects have been left out. Moreover, the same are not being implemented by the local authorities.
Several orders from the court are in place whereby the authorities have been directed to give the details of notifications of the Solid Waste Management Bye Laws and their implementation.
For implementation of the Solid Waste Management Rules, 2016, across the Jammu and Kashmir UT, the areas across J&K which are covered by the Solid Waste Management Rules of 2016 have no proper Solid Waste Management Programmes and as a consequence whereof the Solid Waste is not disposed of in scientific ways.
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