Excelsior Correspondent
Srinagar, Dec 19: Government today informed the High Court that bylaws with regard to Solid Waste Management (SWM) have been finalized and sent to Law Department for approval.
The Information with regard to preparation of SWM bylaws have been provided by the State counsel M A Chashoo to the Division Bench of Chief Justice Gita Mittal and Justice Sanjeev Kumar in PIL on protection and preservation of tourist resort Pahalgam.
Government was under strict direction from the Court with regard to formulation of Model Solid Waste Management Bylaws in view of its extreme importance so that the Solid Waste in the entire State be managed and handled with model techniques.
Government has to circulate these Bylaws to all local bodies which include urban and rural for implementation with a condition such local adaptations as may be necessary and after receiving the model bylaws, these local bodies have to consider these and take their view point on these bye-laws thereafter.
Keeping in view the topography of the State and the difficulties with regard to management of solid waste in the high altitude areas and upper reaches of the State, as the court observed that it is essential that the problem of Solid Waste Management is addressed on war footing.
Court in view of management of solid waste has said a special attention needs to be paid to the very serious aspect with regard to collection and treatment of medical waste.
It is despite the mandate of the Environment Protection Act, 2000, no bylaws appear to have been framed in the State of Jammu & Kashmir.
Concerned with the importance of protection and improvement of environment, The Government of India enacted ‘The Environment (Protection) Act, 1986, which is applicable to whole of India.
In exercise of the powers conferred by these statutory provisions, the Government of India notified ‘The Municipal Solid Wastes (Management and Handling) Rules, 2000’. These Rules came to be superseded in the year 2015 by the Solid Waste Management Rules, 2016 after inviting objections from the public, which were notified on 8th April, 2016.
Under Rule 3(1)(30) of the Solid Waste Management rules, which defines the ‘local body’ which includes the Municipal Corporation, Nagar Nigam, Municipal Council, Nagarpalika, Nagar Palikaparishad, Municipal Board, Nagar Panchayat and Town Panchayat, Census towns, notified areas and notified industrial townships with whatever name they are called in different State and union territories in India.
Insofar as duties and responsibilities of the above ‘local bodies’ are concerned, Rule 15 of the Solid Waste Management Rules, 2016 provides and mandate is cast upon the local authorities with regard to framing bye-laws and prescribing criteria under Rules 15(e) (f), (zf) and (zg) of the Solid Waste Management Rules, 2016,
Thus, as per the mandate of Rule 15(e), it is incumbent upon the local authorities to frame bylaws within one year from the date of notification and to ensure timely implementation thereof.
Most pertinently, the power for levying fine on person(s) who litters or fails to comply with the provisions of the rules has also to be vested with the local authorities under the bylaws.
“Unfortunately, despite the expiry of over two and half years from the 8th April, 2016 when the above Rules came to be notified, the local authorities, as defined in Rule 3(1)(30), in the State of Jammu and Kashmir have not framed the bylaws.
Court has already pointed out the strategy which reveals the problems being faced by municipalities in identifying new landfill sites and dumping grounds; unscientific maintenance of landfill sites and dumps which are threat for ground water pollution and there are likely to cause deterioration of the ambient air quality.
With regard to necessary permission of structures in Pahalgam, as per Court directions, CEO PDA in his compliance report submitted that on line permission portal has been adopted and so far as 7 applications have been received on line from the aspirants for seeking permission of necessary repair and renovation of structures.
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