SRINAGAR, Sept 3: The High Court has sought the status report from Pahalgam Development Authority with regard to implementation of Model Solid Waste Management By-Laws after the Court was informed that the By-Laws have been published after its finalization.
The matter was taken up for further adjudication of the division bench of Chief Justice Gita Mittal and Justice Sanjeev Kumar after the perusal of record in which it has been found that Principal Secretary Housing and Urban Development Department has filed the report submitting therein that the MSWM By-Laws have been published on July 21.
After this information by the H&UDD, the Court directed the PDA to submit its status report positively by or before next date indicating therein about the issuance of notification with regard to implementation of the MSWM By-Laws.
On last hearing, the 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. Hearing the PIL on protection and preservation of Pahalgam environs, Court had directed to report the court about the finalization of “Model Solid Waste Management By-Laws” for the State and issue the notification and report to the court on next date.
The By-Laws of MSWM are to be circulated to all local bodies which include urban and rural with a condition such local adaptations as may be necessary for implementation as the court said a special attention needs to be paid to the very serious aspect with regard to collection and treatment of medical waste.
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 These Rules came to be superseded in the year 2015 by the Solid Waste Management Rules, 2016 after inviting objections from the public, which were notified on 8th April, 2016.
Meantime, Court also sought report from Pahalgam Development Authority with regard to the policy regarding online receiving of applications for the building permission and processing thereof as the court has till date not received a report regarding status of receipt of on-line applications of building permission as well as the processing from the respondents. In this connection PDA counsel has been directed to ensure that the latest report is positively filed in the court before the next hearing.
Pahalgam Development Authority is under directions to accept the application for necessary repair or renovation when site plan, photographs of the structure and other requisite enclosures are annexed with the application and thereafter shall consider these applications with a time line of four weeks.
BOCA authorities after consideration of these applications are duty bound to inform the decision to the owner who has applied for the repair of his structure. Court also made it clear that it shall be responsibility of PDA to physically inspect the structure which needs repair and ensure that under the shield of repair or renovation no owner increases the structure.