Excelsior Correspondent
Srinagar, May 30: High Court today issued show cause notices to Economic and Reconstruction Agency (ERA) and Srinagar Municipal Corporation (SMC) for failing to comply the court order regarding segregation of solid waste at Acchan in Srinagar and asked them why the penalty under Section 15 of Environmental Protection Act may not be imposed on them.
A Division Bench of High Court comprising Chief Justice M M Kumar and Justice Hasnain Masoodi issued show cause notices to Deputy Project Manager ERA, Manzoor Ahmad, Chief Executive Officer ERA, Saurab Bhagat and SMC Commissioner G N Qasba and directed them to reply within four weeks’ time, failing which the court will impose rules and provisions of Section 15 of the Act.
As per Section 15 of the Act, any person who fails to comply or contravenes any of the provisions of this Act will be imprisoned for 5 years or a fine of Rs 5 lakhs will be imposed upon him, or both. If the compliance continues, everyday an additional Rs 5,000 will be extended to the fine during the failure or contravention period.
The directions came in a Public Interest Litigation (PIL) filed by Farah Khan seeking direction to restrain SMC from dumping the untreated garbage and carcasses at Achan and Saidapora in Srinagar.
The PIL had sought directions from the court for Srinagar Development Authority (SDA) to identify new site for land filling and also direct the SMC to provide proper infrastructure and other facilities provided under the Solid Municipal Waste (Management and Handling) Rule 1998 and Bio-medical Waste (Management and handling) Rule 2000.
The court had earlier issued an order on October 16 last against dumping of untreated garbage at Achan and Saidapora and given three months time to SMC and ERA for following the provisions of Rules of 2000. The court had observed that if the two respondents fail to comply with the order Section 15 of Rule 2000 will be invoked against them.
The court had also directed the Registrar Judicial to visit the site and submit his report. The report had pointed out that some problems have aroused due to the dumping of the garbage at Achan. It had said that the due to the bad odour emanating from the site it was not possible for human beings to stay near the site beyond 10 minutes in normal circumstances.
“The bad odour contributes to air pollution in the area which adversely affects the health and hygiene of the local populace,” the report has said.
The report had also pointed out the slow pace of work on the proposed Thermal Disposal Unit for disposal of non-biodegradable Municipal Waste/ Municipal Solid Waste.
Advocate Qureshi who has been appointed as amicus curiae by the Court has reported on the ERA report that it is not as per the directions of the court. The amicus curiae has suggested initiation of Section 15 of Environmental Protection Act against the ERA officials.
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