JUDGMENT : 1. Heard Mr. S. Mow, the learned counsel for the Petitioner. Also heard Mr. N. Lowang, the learned counsel for the Respondents No. 1, 3, 4, 5 & 6 respectively being UD&H Department; Arunachal Pradesh State Pollution Control Board; the Deputy Commissioner, West Siang District; the Chairman District Health Society, West Siang District, Aalo and the District Medical Officer (DMO), Aalo West Siang District. Mr. E. Menjo, the learned counsel appeared on behalf of Mr. P. Taffo, the learned Standing counsel for the Respondents No. 2 & 7 respectively being the Director of UD&H Department and the Executive Engineer cum Deputy Director, UD&H Department. Mr. P. Taffo, the learned Standing counsel for the respondent UD&H Department was also present during the course of the hearing of this petition. 2. The Petitioner who is a resident of Eyi Village in the West Siang District has filed the present PIL petition inter alia with the following prayers: (a) For an order or direction to Respondents No. 4 & 7 relocate/shift the present garbage dumping and waste disposal area from Hissam (Samsam Ghat Area), Aalo, West Siang District to some other suitable place. (b) For an order or direction to frame guidelines for the disposal of solid waste in the state. (c) To install an incinerator for non-biodegradable wastes, medical wastes in Aalo town. (d) To direct Respondents No.4, 6 & 7 to identify pick-up locations and install containers separately for biodegradable and non-biodegradable wastes for daily collection. (e) To ensure full and proper implementation of Municipal Solid Wastes (Management and Handling) Rules 2000, Arunachal Pradesh E-Waste Management Policy 2019 and Arunachal Pradesh Bio-Medical Waste Management Rules, 2016. 3. It is stated that the PIL petition has been filed for the benefit of the public of Hissam Dego, Panya and Nyiko Bango area in particular, as well as the entire public of Aalo Town, being the District Headquarter of West Siang District. 4. The Prayer No.1 pertains to re-locating or shifting the present garbage dumping and waste disposal area from Hissam (Samsan Ghat Area) to some other suitable place. 4. The Prayer No.1 pertains to re-locating or shifting the present garbage dumping and waste disposal area from Hissam (Samsan Ghat Area) to some other suitable place. In respect of the issue raised for re-locating or shifting of the garbage dumping and waste disposal area from Hissam, the Respondents No. 4, 5 & 7 being the Deputy Commissioner, Aalo in the West Siang District, the Chairman District Health Society, West Siang District, and the Executive Engineer cum Deputy Director, UD&H Department, have filed a joint affidavit wherein in Paragraph-7 it is stated as extracted below: “7. That with regard to the statements made in Paragraphs-10(I)(II)(III)(IV) (V)(VI)(VII) and (VIII) of the PIL petition, the answering respondent begs to state that regarding re-location/shifting of the present dumping ground from Hissam (Samsan ghat area) to some other suitable place, it is stated that the present dumping ground was started around the year 1997-98 by taking some portion of land from burial-cum-cremation ground which was donated by Late Tamut and late Bode Lomi. It is further stated that at that point of time the aforementioned dumping ground was not at all a residential settlement area, but was a rejected plot and was quite distant from the inhabitants of the town. In the said area the creation ground and Shakar mission (Leprosy hospital) was only existing. In due course of time human settlement have started in the area near the Dumping ground and its adjoining area. In the year 2011-12 the present dumping ground was stopped and alternate dumping ground was relocated at Logum Jini area due to the residential area coming up near the area. An alternate land for dumping ground was donated by Shri Kajom Jini of Logum Jini village, West Siang district, but it had to be stopped after use of few months due to the complain and strike by the Nyiko Bango area people with no alternate left the department again stated to dump the garbage at the Hissam dumping yard which was Govt. land. Again in the year 2018 another dumping site was relocated at Biru area of Kombo village land which was donated by Shri Kenli Lollen, but deptt. had to stop it also after few weeks due to the complaint from the All Kombo Welfare society. With no alternate left department again had to start the dumping at Hissam dumping yard. land. Again in the year 2018 another dumping site was relocated at Biru area of Kombo village land which was donated by Shri Kenli Lollen, but deptt. had to stop it also after few weeks due to the complaint from the All Kombo Welfare society. With no alternate left department again had to start the dumping at Hissam dumping yard. At present i.e., 2020-21 department has again identified a plot of land at Pobdi village land donated by Shri Kemjom Ete. The project for the said plot has been sanctioned by the Govt. and tender process is under way. Department will shift the dumping ground from the present area as soon as the project is completed in Pobdi and there is not complain from the public of the area. That regarding direction to frame guidelines for the disposal of solid waste in the state, it is to inform you that the specific direction has been given to the department by the state Govt. regarding the same. In this regard various Executive has been issued by the District Administration such as:- (i) Ban on use of plastic bags as per Municipal Solid Waste Management Rule, 2016 in Aalo town and advice to use Non-woven bag can used in place of plastic bags, vide letter No.WSDC/COURT-JI/ 2016/083, dated Aalo the 18th March, 2021. A copy of the letter No.WSDC/COURT-JI/2016/083, dated 18.03.2021 is enclosed herewith and marked as Annexure-A. That Order has been issued for source segregation of dry waste, wet waste, Bio-Medical Waste/Hazardous Waste/C&D waste are compulsory, vide letter No.EE/UDH/AALO-59/2019-20/49-62, dated Aalo, the 12th May 2021, as per direction given to the department by the state govt. regarding the same. A copy of the letter No.EE/UDH/AALO-59/2019-20/49-62, dated 12.05.2021 is enclosed herewith and marked as Annexure-B. That regarding installation of Incinerator for Non-Biodegradable waste, Medical waste in Aalo town, it is to inform that such incinerators are not available in the department at present, but after installation of MRF project these equipment will also available. That regarding identification of pick up locations and installation of separate containers for Biodegradable and Non-biodegradable waste for daily collection. It is to inform that the construction of Material recovery facility (MRF) has been proposed and the location has been identified at Kampu area, Pobdi for the purpose of segregation of biodegradable and Non-biodegradable wastes. That regarding identification of pick up locations and installation of separate containers for Biodegradable and Non-biodegradable waste for daily collection. It is to inform that the construction of Material recovery facility (MRF) has been proposed and the location has been identified at Kampu area, Pobdi for the purpose of segregation of biodegradable and Non-biodegradable wastes. That regarding proper implementation of Municipal Solid Waste 2000, department of Urban Development and Housing, Aalo division has been submitting Monthly/Quarterly/Annual reports to APSPCB and the same has been uploaded in UD’s SWM Portal. Moreover, flying squad teams were formed by District Administration to monitor the proper implementation of Solid Waste Management Rule 2016 and Arunachal Pradesh Plastic Waste Management Bye-Law 2019 at Aalo, vide letter dated No.EE/UDH/AALO/PLG-71/2019-20/82-91 dated Aalo the 24th May 2021. A copy of the letter No.EE/UDH/AALO/PLG- 71/2019-20/82-91, dtd. 24.05.2021 is enclosed herewith and marked as Annexure- C. A copy of the office order dtd. 11.06.2021 is enclosed herewith and marked as Annexure-D.” 5. A reading of the extracted portion of the affidavit of the Respondents No. 4, 5 & 7 makes it discernible that several attempts were made to relocate the garbage dumping and waste disposal area from Hissam to other locations. Although the re-location or shifting was effected but there were objections by the local residents of the areas where it were shifted and as a result it had to be again brought back to Hissam. In the affidavit, a further stand is taken that in the year 2020-21, the departmental authorities had identified a plot of land at Pobdi Village which was donated by Sri. Kemjom Ete for re-locating or shifting of the garbage dumping and waste disposal area. It is also stated that the project to construct the garbage dumping and waste disposal area at Pobdi village have been sanctioned by the Government and the tender process is under way. 6. We have also taken note that the affidavit of the Respondents No. 4, 5 & 7 was filed on 30.11.2021 which gives an impression that if the authorities intend to complete the project, some further progress must have been made in the meantime. Be that as it may, as it is the stand of the Respondent authorities in their affidavit that a new location had been identified at Pobdi Village over the land donated by Sri. Be that as it may, as it is the stand of the Respondent authorities in their affidavit that a new location had been identified at Pobdi Village over the land donated by Sri. Kemjom Ete and the project for construction of the garbage dumping and waste disposal area had been sanctioned by the Government and tender process is under way and further that the Department intend to shift the garbage dumping and waste disposal area from its present location to Pobdi Village upon completion of the project, we accordingly direct the Respondents No.4, 5 & 7 conjointly to ensure that the project of constructing the garbage dumping and waste disposal area at Pobdi Village be completed within a period of 3 months from the date of the receipt of a certified copy of this order. Whatever necessary requirements are to be done, the same be completed inasmuch as, it is the stand of the Respondents that the land has been identified and the project has been sanctioned by the Government and what remains as of now is only to implement and execute the same and therefore we are of the view that 3 (three) months time would be adequate for the purpose. 7. With regard to the other prayers for a direction to frame guidelines for disposal of the solid waste in the State; to install an incinerator for non-biodegradable wastes, medical wastes; to identify pick-up locations and install containers separately for biodegradable and non-biodegradable wastes; and to ensure full and proper implementation of the Municipal Solid Wastes (Management and Handling) Rules, 2000, the Arunachal Pradesh E-Waste Management Policy, 2019 and the Arunachal Pradesh Bio-Medical Waste Management Rules, 2016, we take note of the stand of the Respondents No.4, 5 & 7 in their affidavit filed on 30.11.2021 which is already extracted. 8. With regard to the prayer for ban on use of plastic bags as per Municipal Solid Waste Management Rules, 2016 in Aalo Town and to use non-woven bags in place of plastic bags, there is already a letter dated 18.03.2021 of the Deputy Commissioner cum District Magistrate, West Siang District. The Deputy Commissioner cum District Magistrate West Siang District is directed to strictly implement the provisions of the letter dated 18.03.2021 and to submit a compliance report thereof before the Registry. The Deputy Commissioner cum District Magistrate West Siang District is directed to strictly implement the provisions of the letter dated 18.03.2021 and to submit a compliance report thereof before the Registry. As regards segregation of dry wastes, wet wastes, bio-medical wastes/hazardous wastes/C&D wastes, there is an office order dated 12.05.2021 of the Deputy Commissioner, West Siang District which is extracted as below. “ (i) Segregation of dry waste, wet waste, Bio-Medical Waste/Hazardous Waste/C&D Waste are compulsory. (ii) Door to Door collection of waste is to be practiced as per the routine issue by the UD Department. (iii) Lifting of mixed garbage bags will not be encouraged at any cost by sanitary staffs. Those colonies who fail to follow above instruction, their garbage will not be lifted any more in days to come. (iv) Lifting of dry waste and wet waste will be done on alternate day basis to encourage segregation at source.” 9. A reading of the order dated 12.05.2021 goes to show that the Deputy Commissioner, West Siang District is aware of the requirements to segregate dry wastes, wet wastes, bio-medical wastes etc. as well as to have the facilities for door to door collection and also for lifting of mixed garbage but no further provision for implementing and giving effect to the requirements of the said order is found, other than providing the copy of the order to the Executive Engineer, UD&H Department, where the Deputy Commissioner had requested the Executive Engineer to conduct awareness activities in collaboration with GWS/Galo Ane (NGO). The provision of the order dated 12.05.2021 appears to be inadequate from the terms of implementing the requirements. The Deputy Commissioner, West Siang District is accordingly directed to put in place the necessary infrastructure that would be required for segregating the dry wastes, wet wastes, bio-medical wastes etc. and also to implement door to door collection of wastes as well as ensure that lifting of mixed garbage bags are not done by the authorities involved in the sanitation and also that the segregation of dry wastes, wet wastes, bio-medical wastes etc. would require at least putting in place different bins of different colours with clear indication as to which bins will contain the dry wastes, wet wastes, bio-medical wastes etc. In the absence of the minimum facilities being provided, the requirement to segregate the same would remain ineffective. would require at least putting in place different bins of different colours with clear indication as to which bins will contain the dry wastes, wet wastes, bio-medical wastes etc. In the absence of the minimum facilities being provided, the requirement to segregate the same would remain ineffective. Regarding door to door collection, it is for the Deputy Commissioner to take a decision within the available infrastructure of the District as to in what manner it can be best implemented and thereafter pass a reasoned order. 10. Accordingly, the Deputy Commissioner, West Siang District is directed to bring effective steps to comply with his earlier order dated 12.05.2021 and make it implementable. 11. With regard to installation of incinerator for non-biodegradable wastes materials etc. in Aalo Town, it is stated in the affidavit that the incinerator is not available in the Department at present, but after installation of the materials recovery facilities, such equipments will be available. It is stated in the affidavit that there is a proposal thereof, and the location is identified as Pobdi area. As the project is still in the proposal stage, it also has to be understood that the incinerator will be available after installation of the materials recovery facility. Accordingly, the Deputy Commissioner, Aalo is directed to expeditiously process the installation of the materials recovery facility in the identified area of Pobdi village and inform the Registry as to what effective measures have been taken for the purpose. The materials recovery facility be installed within a period of 6 (six) months from the date of certified copy of this order. 12. We have also taken note of the communication dated 07.10.2021, from Member Secretary, APSPCB made to the Executive Engineer, the UD&H Department at Aalo. By the said communication, the Executive Engineer was requested to furnish the status report on implementation of Solid Waste Management Rules at Aalo, within 7 (seven) days. If, the status report is not submitted, the Executive Engineer is directed to submit the same to the Pollution Control Board immediately and the Pollution Control Board is also directed to monitor the implementation of the Rules, so that the necessary implementation is in place. 13. If, the status report is not submitted, the Executive Engineer is directed to submit the same to the Pollution Control Board immediately and the Pollution Control Board is also directed to monitor the implementation of the Rules, so that the necessary implementation is in place. 13. We have taken note that most of the requirements of the order as directed to the Deputy Commissioner, Aalo, should also have the cooperation of the UD&H Department of the Government of Arunachal Pradesh, inasmuch as the funding and sanctioning of the projects would have to come from the Department and the Deputy Commissioner would only be an implementing agency. Accordingly, the Secretary UD&H Department and the Director of UD&H, Government of Arunachal Pradesh are both directed to conjointly supervise the matter and also to do all the needful that are required to be done by the Department, so that the Deputy Commissioner, Aalo is able to implement the orders to the extent required. 14. It is further provided that if there is any requirement to be done by the UD&H Department to facilitate the Deputy Commissioner in implementing the order, such requirements be provided by the UD&H Department and the Secretary of the Department shall ensure that the required facilities are provided. The implementation of the requirement of this order be done within a period of 3 (three) months from the date of receipt of the certified copy of this order and the requirement of installation of materials recovery project be done within a period of 6 (six) months from the date of receipt of the certified copy of this order. PIL stands disposed of as indicated above.