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Bring on record solid waste disposal plan for J&K: HC to Govt

Post by Syed Rukaya on Wednesday, December 21, 2022

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Srinagar, Dec 20: The High Court of Jammu & Kashmir and Ladakh Tuesday directed the government to bring on record the vision plan regarding the disposal of solid waste for J&K and how the funds received from Central as well as J&K government have been utilized for the purpose.
The court directed the Commissioner Secretary, Housing and Urban Development (H&UD) department to bring on record the vision plan indicating the steps that are proposed to be taken for the disposal of solid waste and how much funds in this regard has been received from the Central government as well as J&K government and how these funds have been utilized.
"The Commissioner/Secretary to the Government, Housing and Urban Development Department shall do the needful in terms of order dated August 12, 2022," a division bench of acting Chief Justice Tashi Rabstan and Justice Rajesh Sekhri directed while hearing a Public Interest Litigation (PIL) by Environmental Policy Group (EPG).
On August 12, the court had also directed the Commissioner Secretary to file his personal affidavit indicating compliance of each and every order so far passed by it from time to time.
 The court noted that respondents have not come out with any vision plan in relation to the disposal of solid waste despite repeated directions from it.
Dismayed over the non-compliance of its orders, the bench underscored that enough time has been granted in the past and even costs have been imposed, but with no effect.
The bench fixed the matter for hearing on February 24, 2023.
The PIL filed by EPG, a registered trust working on environmental issues in J&K, is seeking implementation of Solid Waste Management Bye Laws. 
The petitioner organisation seeks direction that a proper solid waste management system be put in place in every district so that all types of solid waste are segregated and are properly utilized.
It alleges that the health and hygiene are not up to the mark in J&K due to non-implementation of the provisions of the Solid Waste Management Rules.
Pertinently, under the Environmental Protection Act, 1986 and the Solid Waste Management Rules of 2016, the erstwhile J&K State has framed Solid Waste Management Bye Laws in exercise of powers under Sections 36 and 25 of the Act in consultation with all the stakeholders. The Bye Laws were notified by the Government on July 31, 2019 .
According to the Bye laws all local bodies are enjoined upon to take appropriate action for the disposal and treatment of the solid waste material in J&K.

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