Srinagar, March 16: The High Court of Jammu & Kashmir and Ladakh directed Government of India (GoI) and J&K government to file status reports and action taken reports (ATR) regarding the notification and implementation of the Solid Waste Management (SWM) Bye Laws in all local authorities in twin Union Territories of J&K and Ladakh.
Hearing a Public Interest Litigation by Environmental Policy Group (EPG), a division bench comprising Justices, Rajnesh Oswal and Mohan Lal directed the Deputy Solicitor General of India, T. M. Shamsi representing GoI, and Additional Advocate General, A. R. Malik, who represented J&K government, to comply with the order passed by it on October 08, 2020 positively.
On October 08, 2020, the court had granted one more opportunity to the respondents to file the status reports and action taken reports regarding the notification of the SWM Bye Laws in all local authorities in J&K and Ladakh.
The bench had directed the respondents to inform it with regard to implementation of the Solid Waste Management Bye Laws in J&K and Ladakh.
The authorities were directed to submit before it the number of tenders floated by them for implementation of the Solid Waste Management System in the provinces of Jammu, Kashmir and Ladakh at all levels.
“The respondents shall also disclose as to how many tenders have been implemented and how many are in the pipeline. lf there is any delay, the reasons for such delay be submitted in the response/status report,” the court had directed.
The respondents were also directed that in consultation with the Departments of Agriculture, Horticulture, Public Health Engineering as well as Tourism shall provide details of SWM systems that they have implemented and how many are proposed.
Further, the court had directed the authorities to set out the steps taken to address the issue of solid waste generated in Agri and Horticulture facilities in J&K and Ladakh including solid waste in all tourist resorts and solid waste accumulated in the Irrigation and Flood Control Department in the course of seasonal rains, flow of water etc.
The court has passed several orders directing the respondents to provide the details of notifications of the SWM Bye Laws and their implementation
“Despite our repeated orders this has not been done,” the court had noted.
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.
The PIL filed by EPG, a registered trust working on environmental issues in J&K, is seeking implementation of Solid Waste Management Byelaws.
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.
