Dr Raja Muzaffar Bhat
On August 27th the National Green Tribunal (NGT) gave a landmark order directing the Divisional Commissioner Kashmir to consider suggestions I had made before the Hon’ble Tribunal vis a vis protection and conservation of three important wetlands of Kashmir ie Wullar , Hokersar and Kreenchu Chandhara. Wullar and Hokersar are the Ramsar sites of international importance. NGT in addition to taking notice of Kashmir’s wetlands also directed the National Wetlands Committee to compile data about status of compliance of environmental norms in respect of all significant wetlands in the country.
The Principal bench of NGT headed by Chairperson Justice A K Goel in his order said that state pollution control boards and State Wetland Authorities in India may give the status of management of wetlands in their areas to the Secretary of the Union Environment Ministry within three months.The green panel said that conservation of wetlands in general and Ramsar sites in particular is a significant aspect of protection of environment.
The bench said to give effect to the Sustainable Development and Precautionary Principles, which have been held to be part of right to life and are to be statutorily enforced by this Tribunal under Section 20 of the National Green Tribunal Act, 2010, effective action plan and its execution is imperative. The principal bench of the NGT said that Wetland (Conservation and Management) Rules, 2017 contain elaborate provisions for protection of Wetlands and National and State Wetland Authorities have been set up
Background of the petition
This author had filed the petition before National Green Tribunal last year as Wullar , Hokersar and Kreenchu Chandhara wetlands were in shambles as i found Municipal Solid Waste (SWM) being dumped by the Municipal Committee Bandipora near Wullar banks at Zalwan area of the Bandipora town. My counsel Advocate Saurabh Sharma appeared before the Principal Bench of NGT by submitting a counter response to Government’s submission . Advocate Saurabh explained before the bench what I had suggested as a remedial measure to be taken to overcome the menace of dumping of MSW in Wullar and Hokersar in particular.
Suggestions
I made suggestions by seeking a collaboration between Wildlife and Rural Sanitation Department’s so that funds available under Swachh Bharat Mission Gramin (SBM-Gramin) could be utilized to keep wetlands clean by clearing all the solid waste on a regular basis around three major wetlands of Kashmir and the adjoining villages. Through collaborative efforts between Wildlife and Rural Sanitation Department scientific solid waste management can be taken up around Hokersar wetland and adjoining villages Soibugh, Sharifabad and Hajibagh in district Budgam on a regular basis by utilizing funds available under SBM Gramin. I had also suggested to take up waste management around Wullar and Kreenchu Chandhara wetlands as well by using SBM Gramin and other Govt funds.
There are enough funds available under Swachh Bharat Mission Gramin (SBM Gramin) for such activities but unfortunately the money is not being utilized as no DPRs have been prepared by Govt in past. Even the unutilized funds under district plan can also be utilized for solid waste management in rural areas as per SBM Gramin guidelines, but authorities at helm are unaware of all this due to which people and even our environment is suffering. I also urged the NGT to appoint an independent Non-Governmental expert as Court Commissioner to facilitate the determination of the real questions in controversy and the false statements being made by the Municipal Committee Bandipora wherein they claim that municipal waste was not being dumped at Zalwan area which is not true at all.
NGT’s order
NGT’s bench headed by Justice A K Goel issued a detailed 12 paged order. The operative part related to Kashmir wetlands conservation reads as
“Let further action be taken by the joint Committee headed by the Divisional Commissioner, Kashmir. The above suggestions be duly considered and acted upon, to the extent found viable. We also direct that the National Wetlands Committee may compile data of status of compliance of environmental norms in respect of all significant wetlands in the country to ensure remedial action “
HC’s intervention
Around March this year the Municipal Council Sopore started dumping its Municipal Solid Waste (MSW) at Ninglee wetland which is part of Wullar lake. The Wullar Conservation and Management Authority (WUCMA) and J&K Pollution Control Board have already issued several notices to MC Sopore but they were adamant to stop the illegal work as District Administration Baramulla is fully supporting the illegal practice. Fortunately NGT in another case took cognizance of my complaint sent via email. A notice has been sent to J&K Govt , State Wetlands Authority and DC Baramulla. Meanwhile J&K High Court also took the issue very seriously after locals filed a Public Interest Litigation (PIL) on this illegal MSW dumping. Chief Justice Geeta Mittal in order passed last month said she would personally visit the place and MC Sopore in order to hide their misdeeds dumped the waste under the soil which was brought to the area in trucks by employing at least 100 labourers last month. The matter was again listed before the High Court on Tuesday Sept 1st and Counsel of the petitioners Advocate Shafqat Nazir was informed by the Hon’ble Chief Justice that she would visit the site by this weekend
Conclusion
Waste Management should not be a one or two day show for the purpose of taking photographs but it should be a continuous process. I have suggested continuous Information Education and Communication (IEC) activities around the Kreenchu Chandhara , Hokersar and Wullar wetland areas involving NGOs and local Panchayats. There is a provision for the same under SBM Grameen’s Solid Liquid Resource Management component. Funds that remain utilized by District Administration can also be used for waste management work as per SBM Grameen guidelines. We have a large number of lakes and wetlands in J&K like Mansar lake , Manasbal lake and several others which are in shambles and need urgent care and attention. If the authorities looking after these lakes are asked to collaborate with the Rural Sanitation Department I am sure we can get better results. The Judicial institutions like NGT and High Courts on the other hand have also to be proactive on this issue…
(The author is Founder & Chairman of J&K RTI Movement)
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