Dr Raja Muzaffar Bhat
As authorities have failed to implement Solid Waste Management Rules 2016 in Jammu and Kashmir , judiciary has taken a strong note of this serious environmental disaster. Jammu & Kashmir High Court recently took cognizance of a Public Interest Litigation (PIL) filed by a Srinagar based environmental think-tank Environmental Policy Group (EPG). The division bench of acting Chief Justice Sudhakar Ramalingam and Justice M K Hanjura while hearing this public interest petition has issued notice not only to civic authorities but the response has been sought from around a one dozen other Government organisations as well working under Central and State Governments. In addition to Srinagar Municipal Corporation (SMC) , Jammu Municipal Corporation (JMC), the division bench of J&K High Court has sought status report from Government organizations like Union Rural Development and Environment Ministries plus J&K Rural Development Department, Housing & Urban Development Department (HUDD) , Directorate of Urban Local Bodies Jammu / Kashmir divisions, Tourism Department , all the Tourism Development authorities, Horticulture Department, Irrigation and Flood Control Department and Public Health Engineering department as well. Division bench has directed all the respondents to file a status report by or before May 15th
Prayer before the Court
The petitioner organization through its counsel Advocate Shafkat Nazir pleaded before the High Court that respondents in their respective capacities and within their areas of operations have failed to adhere to the mechanism provided under Solid Waste Management Rules of 2016. The counsel of the petitioner told the court that no prescribed mechanism is adopted for segregation of solid waste with the result either the total waste is dumped without segregation at the dumping sites or thrown in different water bodies , roadsides , wetlands , and even in demarcated Forest areas. He said that set of rules provide for segregation of waste at the household level and its further processing under scientific techniques.
“In Srinagar and Jammu Municipal Corporations limits reckless collection, unmanaged dumping of waste , illegal dumping in water-bodies, forest areas etc has become order of the day. At Achan which is a so called Landfill site and commonly described as dumping site is a source of nuisance for the entire area including institute of Sher-e-Kashmir Institute of Medical Sciences (SKIMS) as unscientific dumping is resulting in a pungent and foul smell which is not only detrimental to environment , ecological balance but hazardous to public health as well. The rules provide scientific lining of the landfill site to prevent the entry of Leachate into the water-table. The authorities do appear to have any such conception with the result the entire process is a nuisance. Pertinent to submit that the entire Achan area is also a low-lying area and basically a wetland which for all practical purposes is not a suitable landfill site. Similarly in Jammu city , the landfill site has been identified at Bhagwati Nagar which happens to be located on the banks of river Tawi. This landfill site is said to be located on a small patch of land measuring to 50 to 60 kanals and on daily basis more than 400 metric tons of unsegregated garbage is dumped at this particular place without any scientific treatment as per SWM Rules 2016. It is also learnt that maximum part of the garbage is thrown in river Tawi and thus the major water-body in Jammu city is polluted and tampered with ” reads the petition . In addition to SMC and JMC, the petitioner organization through its counsel told High Court that waste management in rural areas is also a serious issue wherein Rural Development Department, Rural Sanitation Directorate, Irrigation/PHE departments need to be made accountable.
Conclusion
During the case hearing Chief Justice Ramalingam asked the counsel of the petitioner organization role of Rural Development , Irrigation , Horticulture and Agriculture departments vis a vis waste management. The counsel Shafkat Nazir explained in detail how waste management is a threat in villages and small towns as well including tourist places. Counsel told the Division Bench in detail how authorities undertake unscientific waste management in fruit and vegetable markets (mandis) across J&K particularly in Srinagar’s Parimpora fruit mandi and Narwal mandi of Jammu city. He urged upon the court to seek an explanation from the horticulture department whether they have sought funds from Government of India to install fruit and vegetable waste processing units ?
Pertinent to mention that huge quantity of fruit and vegetable waste is generated on daily basis in fruit markets / mandis of Srinagar and Jammu. As a matter of practice local municipal and town area bodies collect this waste and dump at their respective trenching grounds / landfill sites without any kind of treatment. On the other hand Government of India in order to promote organic farming provides Rs 2 crore as grant to state Governments for setting up of mechanized Fruit/Vegetable market waste/ Agro waste compost production unit. For setting up of State of art liquid/ carrier based Bio-fertilizer/ Bio-pesticide units, 100 % assistance is given to State Governments. But not even a single such plant has been set up with the result all the fruit and vegetable waste is dumped at landfill sites where it emits terrible smell. Unfortunate part is that Government never ever requisitioned funds or prepared any DPRs for acquiring such funds from Government of India. Authorities who look after management of fruit and vegetable mandis are thus guilty of gross violation of waste management rules 2016. It is hoped that Judiciary will take this issue to logical conclusion so that un scientific waste management is banned once for all.
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