Sanjeet Kumar, S/o Shri Dharam Chand v. State of J&K
2016-11-24
N.PAUL VASANTHAKUMAR, TASHI RABSTAN
body2016
DigiLaw.ai
JUDGMENT : TASHI RABSTAN, J. 1. This is a public interest litigation seeking a direction to respondents, particularly respondents 3 to 10, to take effective steps for removing heaps of garbage/garbage dumps in Udhampur and Reasi Districts including Katra Town in general; and more particularly in and around Udhampur City. 2. It is contended that piles of unattended garbage, home waste, plastic bags, bottles, and even construction waste can be seen at a number of places all over Udhampur City, which may result in outbreak of any serious viral disease it is contended that the sanitary workers collect the home waste and throw it at roadsides. Further, it is contended that stinking smell emanating from the garbage has made it very difficult to walk on the roads and streets. Not only this, even on many occasions the uncollected garbage on the roads fill sewerage lines, as a result sewage overflows on roads making them impassable. Further, sanitary workers are in the habit of burning home waste including polythene bags on the road which, it is said, not only create pollution but prove to be irksome for asthmatic patients. While referring to the photographs, annexed with the public interest litigation showing heaps of garbage/garbage dumps lying in residential as well as commercial areas of Udhampur City, it is contended that neither Municipal Council, Udhampur nor District Development Commissioner, Udhampur are rising to the occasion, rather they have kept a blind eye towards the alarming situation and are not doing their job honestly, which is the worst example of lethargy of the District Government. Further, it is contended that the onus of this ugly picture of city roads lies on sanitary department of the city as well as district government. Thus, it is contended that it is the duty of State/District Government as well as Municipal Council, Udhampur to maintain hygiene in the city and to ensure that Udhampur City remains clean and free from diseases. It is contended that many a time's complaints were lodged with the departments concerned, but they fell on deaf ears Hence, the present public interest litigation. 3. This Court vide order dated 30.10.2013 directed the respondents to submit a report indicating what steps they have taken for removal of garbage from the areas mentioned in the petition as well as dumping, and disposal of solid waste.
3. This Court vide order dated 30.10.2013 directed the respondents to submit a report indicating what steps they have taken for removal of garbage from the areas mentioned in the petition as well as dumping, and disposal of solid waste. In response to the said order, Divisional Commissioner, Jammu filed the status report revealing the steps taken to identify and acquire land in different towns and municipalities of Jammu Division to set up land fill site for disposal of municipal waste in accordance with the Municipal Solid Wastes (Management and Handling) Rules, 2000. Being not satisfied this Court vide order dated 10.09.2014 directed the respondents to file fresh status report. Accordingly fresh status report came to be filed on 10.10.2014 indicating the status of land identified for land fill site at Udhampur, however, no status had been filed in respect of other towns. Accordingly, vide order dated 13.11.2014, Divisional Commissioner, Jammu was directed to file fresh status report in respect of rest of the areas by drawing a road map to complete the acquisition process. Divisional Commissioner, Jammu, accordingly filed a latest status report on 11.11.2016 indicating the steps taken for setting up Solid Waste Management System. 4. Since the issue of removing heaps of garbage/garbage dumps and setting up Solid Waste Management System is not related to a particular region of the State, rather this problem/nuisance is in every District/Town of the State, therefore, having regard to the nature of controversy and the latest compliance report filed by the Divisional Commissioner. Jammu on 11.11.2016, we deem it proper to dispose of the Public Interest Litigation with the following directions: i. Respondents 1, 2, 3 and 4 are directed to identify land fill sites in each city/town of J&K State, if not already identified, within a period of six months from today for dumping and disposal of solid wastes. Thereafter, said respondents are directed to set up well efficient Solid Waste Management Projects in each such sites within a period of next six months, in the manner given in Implementation Schedule (Schedule-I) of Municipal Solid Wastes (Management and Handling) Rules, 2000 framed under Sections 3, 6 and 25 of the Environment (Protection) Act, 1986. Chief Secretary of the State, i.e., respondent No. 1 is also directed to set up a panel of experts within a period of fifteen days from today for this purpose. ii.
Chief Secretary of the State, i.e., respondent No. 1 is also directed to set up a panel of experts within a period of fifteen days from today for this purpose. ii. Concerned Municipal Authorities of the State are also directed to set up Vermicompost Technology within the same period at small scale levels to manage the daily waste at source., viz hotels, parks etc. iii. Respondents 1 to 10 and other concerned agencies of the State are further directed to ensure and make sanitation drives for cleanliness of dumped solid waste on the mountain slopes so as to preserve the plantation and green cover. iv. Respondents 1 to 10 are further directed to set up Biogas Plants within the same period in the State wherever it is necessary. v. J&K Pollution Control Board is directed to ensure that there is a proper disposal of municipal solid waste and the land fill sites start working with protective measures against pollution of ground-water surface water and air fugitive dust, wind blow litter, bad odour, fire hazard, bird menace, pests or rodents, greenhouse gas emissions, slope instability and erosion. 5. Besides the above directions, since the problem of dumping and disposal of municipal/solid waste is expanding rapidly, we are of the view that there is a dire need to launch a cleanliness campaign in the entire State aimed at creating awareness among the people for proper disposal of municipal waste. 6. Disposed of along with connected CMA(s), if any.