Excelsior Correspondent
Srinagar, Aug 11: The High Court today directed for submitting information with regard to implementation of Solid Waste Management (SWM) Bylaws and Rules as also suggestions for improving these bylaws and rules.
The Division Bench of Chief Justice Pankaj Mithal and Justice Sanjay Dhar was hearing a Public Interest Litigation on the aspect of health and hygiene in the matter of disposal of solid waste within the Union Territory of Jammu and Kashmir.
It was 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. Pertinently under the Environmental Protection Act, 1986 and the Solid Waste Management Rules of 2016, the State has framed Solid Waste Management bylaws in exercise of powers under Sections 36 and 25 of the Act in consultation with all the stakeholders and same have been notified on 31.07.2019 by the Government.
According to the said bylaws all local bodies are enjoined upon to take appropriate action for the disposal and treatment of the solid waste material. The counsel appearing for the petitioner, submitted that the aforesaid Model bylaws are not sufficient and that certain crucial aspects have been left out. Moreover, the same are not being implemented by the local authorities.
“In such a situation, we require the counsel for the petitioner to first consider the Act, the Rules and the Model bylaws and then to suggest the areas in which the same can be improved upon for the purposes of solid waste disposal”, the DB directed.
As far as the non-implementation of the Rules and bylaws by the Local Bodies are concerned, the court directed for filing of appropriate application with affidavit stating the specific local bodies that are not adhering to the said Rules and bylaws.
It was submitted that implementation of the Solid Waste Management Rules, 2016, across the Jammu and Kashmir is wanted as mere framing of Policy/ Action Plan/ bylaws is not a substitute for implementation as the areas of the 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.
Follow our WhatsApp channel
