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HC restrains authorities from dumping untreated solid waste in Nallah Sandran

Issues notices, asks Govt to file objections by September 07

Post by on Saturday, July 23, 2022

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Srinagar, July 22: The High Court of Jammu & Kashmir and Ladakh Friday restrained the government authorities from dumping untreated solid waste in Nallah Sandran or any other place in village Mandipora Dooru, Anantnag, without complying with the provisions of Solid Waste Management (SWM) Rules, 2016.
 Hearing a plea filed by the villagers of Mandipora Dooru, Anantnag through Mushtaq Ahmad Bhat, seeking prohibition on government authorities from dumping the untreated solid waste in the Nala Sandran, at Mandipora Anantnag, the court issued notice to the authorities and directed them to file objections.
 
The court of Justice Sanjeev Kumar issued notice to Commissioner Secretary to government, Housing & Urban Development department, Director Urban Local Bodies, Kashmir, Deputy Commissioner Anantnag, Sub-Divisional Magistrate, (SDM) Dooru, Tehsildar Dooru, Executive Officer, Municipal Committee, Dooru, Station House Officer, Police Station Dooru, Chief Engineer, PWD (R&B), Kashmir, and Executive Engineer PW (R&B) department, Qazigund, Executive Engineer and Assistant Executive Engineer, Irrigation & Flood Control Division Dooru.
 
"Notice to the respondents as also to the public at large to be published in two daily newspapers having large circulation in District Anantnag," the bench said while listing the matter for hearing on September, 07, this year.
 
As per the plea, the Municipal Committee Dooru, Verinag in brazen violation of Environmental Protection Act and SWM, Rules 2016, continues to dump the untreated solid waste in precious Nallah commonly known as Sandran Nallah at multiple locations.
 
The counsel representing the petitioners, Asma Rashid submitted that the Municipal Committee is not only putting the existence of aquatic life in danger but is also causing extensive damage to the environment by resorting to unplanned and unscientific disposal of waste material into the river.
 
"The Housing & Urban Development Department, J&K Pollution Control Board (PCB) and District Administration Anantnag in particular has failed to take note of it," she said.
 
The villagers in the petition alleged that Municipality on the direction of the authorities are dumping the waste in the river. 
 
They submitted that dumping of the untreated waste is attracting stray dogs and also could be a reason for spreading diseases.
 
They further submitted that dumping of untreated garbage into river bodies is ultimately affecting the health of local residents, flora and fauna and morphology of the river and "all this is happening in violation of the directions of the National Green Tribunal and provisions of SWM Rules 2016."
 
The petitioners stated that the land in and around the Nala is being utilized by the villagers for common purpose and there are large number of fruit bearing trees including Walnut trees and the respondent Committee without notice cut down the trees and are dumping the waste material in the said Nala, thereby violating the rights of the villagers .
 
It was submitted in the plea that respondents without any jurisdiction and in violation of the said laws are dumping the waste material in the said Nalla.
 
It pointed out that as per the SWM Rules 2016, a buffer Zone should be provided around the garbage management units or disposal places in order to protect the interests of the local residents from health hazards.
"Since the place selected by the respondent Committee does not have such a buffer zone, as the residential buildings, School, Hospital are located around the proposed area, which is not suitable for locating the dumping yard," it stated.
The petitioners have pleaded that the respondents be prohibited from constructing any Solid Waste Management Shed at the Nala Sandran.
They have sought a direction upon the respondents to adhere to the Rules and Regulations viz-a-viz the maintenance and preservation of the Nala Sandran by removing the garbage dumped by the Municipal Committee.
 
 
 

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