Excelsior Correspondent
Srinagar, Feb 25: High Court has asked the petitioner counsel to file an appropriate application indicating there-in the local bodies which are not implementing the Model Solid Waste Rules and Bylaws.
While hearing the plea focuses on the aspect of health and hygiene with regard to disposal of solid waste in J&K, the petitioner counsel informed the court that the Model Bylaws are not sufficient and that certain crucial aspects have been left out and the same are not being implemented by the local authorities.
“As far as the non-implementation of the Rules and Bylaws by the local bodies is concerned, counsel for the petitioner may file appropriate application with affidavit stating the specific local bodies that are not adhering to the said Rules and Bylaws”, Division Bench of Chief Justice Pankaj Mithal and Justice Tashi Rabstan directed.
The Government framed the SWM Bylaws in exercise of powers under Section 36 and 25 of the Act in consultation with all the stake holders and notified the same on July 31, 2019. According to the Bylaws all local bodies are enjoined upon to take appropriate action for the disposal and treatment of the solid waste material.
The local authorities are Panchayats, Municipal Corporations, Municipal Councils, Municipal Committees, Development Authorities of UTs of J&K and Ladakh have notified the SWM Bye Laws or not.
Housing & Urban Development Department finalized the Solid Waste Management (SWM) Bylaws and Tourism Department took the final call on it for its adoption.
“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 bye laws. This shall be positively filed before the court within three weeks from today”, DB had directed.
The Bylaws of SWM were circulated to all local bodies which include urban and rural with a condition 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.
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