HC restrains MC Dooru from dumping SW

Excelsior Correspondent
SRINAGAR, July 22: The High Court today restrained the Municipal Committee for dumping the solid waste (SW) in a rivulet and its adjoining area in Anantnag district of South Kashmir.
Justice Sanjeev Kumar after hearing the counsel Asma Rashid on behalf of villagers of Dooru Anantnag who alleges that the Municipal Committee Dooru-Verinag in brazen violation of Management Environmental Protection, Act and Rule, continue to dump the untreated solid waste in precious Nallah commonly known as Sandran Nallah at multiple locations.
She informed the court that the Municipality Committee is not only putting the threatening the existence of aquatic life but is causing extensive damage to the environment by resorting to unplanned and unscientific disposal of waste material into the river. However, the Housing and Urban Development Department, Pollution Control Board and District Administration Anantnag in particular has failed to take the note of it.
The Municipality on the direction of the authorities are dumping the waste in the river and dumping of the untreated waste are attracting stray dogs and also could be a reason for spreading diseases.
It needs to be submitted that dumping of untreated garbage into river bodies is ultimately affecting the health of local residents, flora and fauna and morphology of the river and all this is happening in violation of the directions of the National Green Tribunal and provisions of Solid Waste Management Rules 2016. Filed herewith and marked as Annexure – II are the P – 12 copies of the Photographs evidencing the fact of dumping of the waste in the Nallah.
“In the meanwhile, subject to objections and till next date of hearing before the bench, the respondents are restrained from dumping untreated solid waste in Nallah Sandran or any other place in village Mandipora, Dooru Anantnag, without complying the provisions of SWM Rules”, Justice Kumar directed.
It has also been contended before the court that the land in and around the Nallah in question is being utilized by the villagers for common purpose and there are large number of fruit bearing trees including Walnut trees and the respondent-Committee without notice cut down the trees and are dumping the waste material in the said Nallah in violation of the rights of the villagers. The Respondents are without any jurisdictions in violation of the said laws and are dumping the waste material in the said Nallah.
Court in this connection has also issued notice to the authorities which the court said to have published in two daily newspapers having large circulation in district Anantnag. Notice has been issued to Commissioner Secretary UDD, Director Urban Local Bodies, Deputy Commissioner Anantnag, SDM Dooru, Tehsildar Dooru, Chief Engineer R&B, Executive Engineer R&B Qazigund and other officials having liaison on the issue involved in the plea.
Court during the arguments has been informed that the dumping of the untreated waste are attracting stray dogs and also could be a reason for spreading diseases as such the dumping of untreated garbage into river bodies is ultimately affecting the health of local residents, flora and fauna and morphology of the river and all this is happening in violation of the directions of the National Green Tribunal and provisions of Solid Waste Management Rules 2016.
“Even Respondents under law are required to take steps for the removal of encroachments and for the removal of any blockades caused due to the dumping of garbage. The Respondents are in no way mandated to make plans which would usurp and lead to the conversion of the Nallah for the purposes other than the ones for which the Nallah exist”, read the plea.