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2015 DIGILAW 1462 (RAJ)

VIMAL CHOUDHARY v. STATE OF RAJASTHAN

2015-08-05

AJIT SINGH, SUNIL AMBWANI

body2015
JUDGMENT : 1. We have heard Mr. Vimal Choudhary, the appellant, appeairng in person. 2. A personal problem of cleanliness of the locality in which the appellant resides, was enlarged by the Court in issuing 16 directions on 31.05.2012. All the directions were in the interest of cleanliness and to maintain hygiene in the City of Jaipur. 3. A compliance report has been submitted, in which learned counsel appearing for the Nagar Nigam, Jaipur, has given the details of the steps taken, in compliance of the directions. The report is reproduced as below:- “JMC filed the compliance report earlier also in reference to order dated 31.5.12 giving para wise compliance report in relation to the 16 directions issued by the Hon'ble Court. Thereafter, in continuation to the earlier compliance report further compliance report was submitted on 30.05.2013 along with requisite documents/orders. As under : MARKED AT FLAG -A Order dated Reply of JMC 31.5.2013 :- following directions were issued : i) We direct the respondent no.2 to ensure complete and regular cleaning of the locality namely Ganesh Nagar situated at eastern side of Moti Doongri Hillock of Tilak Nagar, Jaipur. That in the Ganesh Nagar area cleaning is regularly as undertaken by the Municipal Corporation and container which is having capacity of 7 C.M. and two containers having capacity of 1 C.M. has been placed in the area to collect the garbage and instructions have also been issued to the Commissioner, Chief Sanitary Inspector, Sanitary Inspector and Sweeper to maintain the cleanness strictly. (i) That so far as establishing the Sulabh Sochayala in the area, the process is under progress and after taking the estimated cost of the Sulab Sochayala, the matter has been forwarded for administrative and financial sanction. Copy of the letter dated 24.5.2013 is enclosed herewith and marked as Annexure-A/2. ii) We direct the Municipal Corporation, Jaipur to adopt single tier, system to sweep the streets and roads, clean the drains and collect the garbage and transport the same to the trenching ground, as suggested in Manual on Municipal Solid Waste Management, so as to hold them 23 responsible for the non performance of the task. That direction which has been issued in relation to introduce single tire system is still in process as recruitment process of Sweeper/Class -IV employee is in progress and its likely to be completed by the end of August, 2013. That direction which has been issued in relation to introduce single tire system is still in process as recruitment process of Sweeper/Class -IV employee is in progress and its likely to be completed by the end of August, 2013. Due to various legal disputes in relations to the recruitment process, the process could not be completed, however, now the hurdle have been cleared as the matter has already been disposed off by Hon'ble Court. For implementation of one tire system after the recruitment rationalization will be done and the distribution employees in of beat system will also be determined and it is expected that whole process will be completed by end of September 2013. iii) Keeping in view the increasing population and rapid industrial growth of the city, we direct the respondent no.2 to increase the strength of scavenging staff to the tune of minimum 8000 as per the need of the hour. That so far as the recruitment of Sweeper/Class-IV employee are concerned, the government has initially given sanction for 1097 posts, however, the same has been increased and additional 1700 posts have been sanctioned after inclusion of these posts and number of posts will be around more than 8000, thus Jaipur Municipal Corporation will be in position to implement the direction No.2 & 3 in complete sense. Iv) We direct the Municipal Corporation, Jaipur to deploy 100 sanitary workers in each ward to clean the streets and the roads under the supervision of two Inspectors and one Chief Inspector. so far as the direction No.4 is concerned sweeper/class-IV employee appointed through contractor are working freshian as directed by Court. Copy of the distribution of Sweeper and work assured are enclosed herewith and marked as Annexure-A/3. v) We direct the respondent no.2 to prevent abadi nuisance caused by straying of pigs on streets and places in any ward of municipal limits. That so far as the direction No.5 is concerned, the Municipal Corporation is regularly catching the stray animals/pigs. Copy of the statement shows that more than 4750 stray animals have been caught by the Municipal Corporation during last one year, is enclosed herewith and marked as Annexure-A/4. vi) We are given to understand that the area of municipal limits has been divided into 8 zones. Copy of the statement shows that more than 4750 stray animals have been caught by the Municipal Corporation during last one year, is enclosed herewith and marked as Annexure-A/4. vi) We are given to understand that the area of municipal limits has been divided into 8 zones. Hence, we direct to appoint one Commissioner and one Medical Officer in each zone and the said 24 Commissioner and the Medical Officer shall be accountable for the work done by the 100 sanitary workers under the supervision of two Inspectors and one Chief Inspector. That so far as the direction No.6 is concerned, the same is already complied with and as per direction the Health Officer has already been appointed in all 8 zones. The copy of the order is enclosed herewith and marked as Annexure-A/5 coly. vii) We further direct that the Sanitary workers shall go from door to door in their respective wards and collect all the filth, dirt and garbage from there and after collecting the same lift to the specified garbage depot and, transport the same on the very same day to the trenching ground. If sanitary employees, the Inspector, the Chief Inspector of the respective ward fail to discharge their duties with regard to cleaning the roads and streets each day, they shall be subjected to disciplinary action and the Inspectors and Chief Inspector monitoring their job shall be immediately taken to task for their failure in discharging their supervisory duties. 25 (i) That so far as the direction No.7 is concerned, it is submitted that Municipal Corporation gave a contract to M/s. A to Z company to collect door to door garbage, however, due to pressure of the work the company failed and close the collection work w.e.f. 19.2.13 without there being any prior intimation to the Municipal Corporation. Municipal Corporation is taking action against the company separately. However, because of stay granted by the civil Court no further action could be taken against the company. Municipal Corporation is under process a new RFP for contract to be given to company/agency for door to door collection of garbage and for that purpose this time the area falling in the Jaipur Municipal Corporation has been divided in 7 Zones. The details of the same is in compliance report annexed along with this application as Annexure-A/1. Municipal Corporation is under process a new RFP for contract to be given to company/agency for door to door collection of garbage and for that purpose this time the area falling in the Jaipur Municipal Corporation has been divided in 7 Zones. The details of the same is in compliance report annexed along with this application as Annexure-A/1. (i) That so far as the 2nd part of direction No.7 is concerned in relation to the work not properly done by Sanitary Inspector, Sweeper and Jamadar, the charge sheet/notices have been given for not working properly. Copy of the list of the employees who have been given charge sheet/notice Under Rule 17 CCA is enclosed herewith and marked as Annexure-A/6. viii) We direct the Municipal Corporation, Jaipur to get the roads and streets clean every day including Sundays and public holidays. (ii) That so far as the direction No.8 is concerned, presently contract employees are undertaking the cleaning work through Beat system, however, after the recruitment of permanent employee the same will be done through permanent employees. ix) we direct the State Government to implement the Bio-medical Waste (Management and Handling) Rules, 1998. We further direct the Municipal Corporation, Jaipur to issue notices to all the private hospitals, nursing homes, hotels to make their own arrangement for the disposal of their garbage and hospital and hotel wastes. They be asked to construct their own incinerators. In case, these hospitals and hotels are permitted to use facilities (for collection, transportation and disposal of garbage) provided by the Corporation, then they may be asked to pay suitable charges for the services rendered in accordance with law. (i) That so far as the direction No.9 is concerned, the complete compliance is made by the Municipal Corporation as for collecting the Bio-Medical Waste the contract has been given to M/s. Intromedics India (P) Ltd. and term of the contract has already been extended for 10 years by the Government. x) The Municipal Corporation, Jaipur is also directed to construct or 26 install additional garbage collection centres in the form of dhalao, trolley or steel bins within three months. (i) That so far as the direction No.10 is concerned, the details of the containers and the area are enclosed herewith and marked Annexure-A/7. x) The Municipal Corporation, Jaipur is also directed to construct or 26 install additional garbage collection centres in the form of dhalao, trolley or steel bins within three months. (i) That so far as the direction No.10 is concerned, the details of the containers and the area are enclosed herewith and marked Annexure-A/7. xi) We direct the Municipal Corporation, Jaipur to educate the residents of Jaipur through media i.e. Doordarshan, ETC Rajasthan, various Radio Stations and local newspapers by way of announcements and advertisements in the localities that they shall be liable for penalty in case they violate any provision of the Act in the matter of collecting and disposal of garbage and other wastes. ********* xii) We also direct the Doordarshan through its Director General to undertake a programme of educating the residents of Jaipur regarding their civic duties. That can be possibly done by making appropriate announcements displayed on the television. They can be informed about the penalties, which can be imposed 27 under Section 289, 299, 300 and 303 of R.M. Act, 2009. (i) That so far as the direction No.11 and 12 are concerned, various advertisements have been issued by the Jaipur Municipal Corporation through newspapers/TV/Radio to educate the residents of Jaipur city regarding the requirement of cleanness and necessity. Copy of the statement of the advertisement given to ETV is enclosed herewith and marked as Annexure-8. xiii) We direct the Chief Executive Officer of Municipal Corporation, Jaipur to take severe action against the In-charge Commissioner, In charge Medical Officer of the respective zone and In-charge Chief Inspector and Inspector of the respective ward, where they are found to have been engaged in not discharging their duties and if the complaints with regard to not cleaning the roads and the streets and not collecting the dirt, refuse, rubbish and garbage are received from the residents of respective wards. That so far as the direction No.13 is concerned, the reply has already been submitted in relation to same with direction No.7 xiv) We also direct the State Government through their respective appropriate Principal Secretaries to consider the request from the Municipal Corporation, Jaipur for financial assistance in just and fair manner to enable the Municipal Corporation, Jaipur to fulfill 28 their obligation under the law as directed by us. That so far as the direction No.14 is concerned, it is related to the State Government, therefore, no report is required on behalf of Municipal Corporation. xv) We direct that a scheme be prepared for the cleanliness of the drains, wherever they are and where drainage are not provided, let apprehensive scheme be prepared by the Corporation, within a period of three months. We, therefore, direct the respondent no.2 to clean all the drains before the monsoon in the city arrives. That so far as the direction No.15 is concerned, out of 902 Nallas 200 have already been cleaned and the cleaning of remaining Nallas are under progress. xvi) We direct the State Government to consider for setting up of Mobile Sanitation Courts to punish offenders on the spot, who violate the sanitation laws and civil instructions for keeping the city clean. That so far as the direction No.16 is concerned, the letter has already been written to the State Government on 26.7.12, 26.12.12 and 14.5.13 for taking necessary steps for the appointment of Mobile Magistrate and the reply of the same is still awaited. 4. We are of the view that sufficient steps have been taken by the Nagar Nigam, Jaipur, in compliances of the directions, and that no further monitoring is required to be made. The Nagar Nigam has assured that they will continue to take sincere steps in compliance of the directions issued by the Court. 5. Jaipur, as a growing City, has complex civic problems, to be attended by the Municipal Corporation. The citizens must cooperate and contribute on their part in coopering and assisting the Municipal Corporation in discharging its duties. 6. We are also informed that house tax was abolished, and an Urban Development tax was imposed on the plots having an area of more than 300 sq.yds., and for which accumulated arrears of Rs. 300 crores approximately, is to be paid by the citizens to the Municipal Corporation, Jaipur. 7. The citizens of the Jaipur do not have a right, nor they can expect the Municipal Corporation, Jaipur, JDA, JVVNL and the PHED, to continue to provide services to them, with such arrears of tax. The State Government must consider to impose taxes on all properties irrespective of their plot size, inasmuch as all the citizens living the houses constructed in the City of Jaipur avail the services. The State Government must consider to impose taxes on all properties irrespective of their plot size, inasmuch as all the citizens living the houses constructed in the City of Jaipur avail the services. The plot size should not be the criteria. The Jawaharlal Nehru National Urban Renewal Mission, has provided sufficient guidelines for bringing in all those areas, which are left out from imposition of property tax in urban areas for satellite imaging and by imposing reasonable and rationale tax for the services rendered. The citizens must contribute by paying taxes, for providing civic services. In our view, every person who owns a building, must pay taxes on such rates as the State Government may deem fit, except 'Juggi Joopdi' clusters, where taxes may be imposed collectively. The self assessment is considered to be a best method with random sample survey. The entire details of the urban taxation have been provided in the Jawaharlal Nehru National Urban Renewal Mission, which must be implemented in the cities of Rajasthan. The imposition of tax for services will not only compensate the services, but will also inculcate discipline and participation in the development of the City. 8. As regards the arrears of tax is concerned, the Municipal Corporation, Jaipur must carry out a special drive to recover all the arrears, failing which the electricity and water connections must be disconnected after due notice. The special drive will be undertaken by the Municipal Corporation, every three months, for collection of urban development tax. 9. We appreciate the anxiety of the appellant for maintaining hygiene and cleanliness in the areas, especially the area in which he resides. We hope and trust that the Municipal Corporation, Jaipur will take sufficient steps for fencing of the open areas, which are used for human defecation, and construct sufficient number of public toilets, including toilets constructed and maintained by 'Sulabh Shochalaya', to maintain the cleanliness of the area. 10. With the aforesaid observations, the Special Appeal is disposed of. All pending applications are also disposed of.