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2003 DIGILAW 173 (SC)

Almitra H. Patel v. U. O. I.

2003-02-03

B.N.AGRAWAL, Y.K.SABHARWAL

body2003
ORDER : 1. I.A.No.14 Rule 8 of the Municipal Solid Wastes (Management and Handling) Rules, 2000 mandates the State Pollution Control Boards and Pollution Control Committees to prepare and submit to the Central Pollution Control Board an annual report with regard to the implementation of Rules by 15th of September every year in Form IV. According to the applicant a large number of State Pollution Control Boards have not complied with Rule 8. The relief sought is that Central Pollution Control Board and State Pollution Control Boards shall prepare and submit to Central Government a Consolidated Annual Review Report on the management of Municipal Solid Wastes. We direct CPCB to file an affidavit in response to the application, in particular, in respect of the relief sought for in Prayer (B). State Pollution Control Boards and Pollution Control Committees which have not submitted the report in terms of Rule 8 shall forthwith submit it to CPCB. The affidavits shall be filed within six weeks. 2. It has further been pointed out that even Rule 4 has also not been complied with as per the implementation schedule provided for in Schedule 1. In terms of Rule 4 of the aforesaid Rules, various time schedules have been stipulated in the said Schedule. On the said issue as well, the CPCB will file its affidavit. The SPCBs shall furnish the requisite information to the CPCB so as to enable CPCB to timely comply with this Order. 3. One of the prayer in the application is that the Central Government shall stay the sanction of any further subsidy in respect of all proposed and future Municipal Wastes to Energy Projects (MWTEP). Before we consider this prayer, it would be appropriate to have a response from the Central Government which shall be filed within six weeks. The Central Government, in its affidavit, shall also explain as to why, as suggested, an independent Non-Governmental Review Committee be not constituted to inspect the functioning of the existing Plants, particularly, at Lucknow and Hyderabad. 4. List the matters in the 1st week of April, 2004.