HC seeks response from Govt on SWM bylaws

Excelsior Correspondent
SRINAGAR, Oct 29: High Court today sought response from Govt with regard to preparation of draft action plan of Solid Waste Management (SWM) bylaws.
State counsel B A Dar (AAG)while informing the Court that meeting as directed by the court vide its order dated 17.9.18 has been convened under the chairmanship of Chief Secretary of the State and the draft Action Plan about SWM bylaws forwarded to Secretary Tourism for seeking suggestions from general public.
In this connection, Advocate Dar submitted before the court that action plan has been published in various newspapers.
The petitioner, however, informed the Court that it has been published in low circulation newspapers.
He also informed the Court that petitioners as per Court direction have not been included in the meeting held by the CS.
The Division Bench of Justice Ali Mohammad Magrey and Justice Sanjeev Kumar directed that they be permitted to submit their comments to the AP and committee shall examine their comments.
Court also directed the SMC for filing of affidavit indicating therein the management of SW in city.
As the management of Solid Waste is a big challenge in the State; the Government informed the Court that the draft bylaws with regard to SWM have been sent to Tourism department for seeking public opinion.
Court on taking a note of Solid Waste Management in the State had directed Chief Secretary to take effective steps for implementation of SWM bylaws and to ensure that enforcement of SWM (Solid Waste Management) system are in place in the State of J&K.
Court has also been informed about the process with regard to granting online building permission for those who are and would be seeking requisite building permission for their structures.
For preparation of ‘Solid Waste Management Plan’ for Pahalgam authorities were required to inform the Court the deficiencies which need to be taken care of and in this connection Pahalgam Municipal Committee, Amarnath Shrine Board, Pahalgam Development Authority and Pollution Control Board were going to make joint review to prepare action plan and thereafter action plan for Solid Waste Management was to be put in place before the Court.
Court is concerned about the segregation of bio-degradable and non-degradable waste in Pahalgam. Approximately 74% of the Solid Waste is generated through hotels and restaurants. This being the case, it appears that segregation at the source would be easier. This is particularly so because the hotels and restaurants are clearly within the ambit of the administration through various licensing measures.
Authorities are already under direction that the Solid Waste Management Rules, 2017 under the Environment Protection Act, 1986, be implemented in letter and spirit.
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 increase the structure.

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