Excelsior Correspondent
JAMMU, Nov 21: Division Bench of State High Court comprising Chief Justice Gita Mittal and Justice Rajesh Bindal has directed the State to frame model Solid Waste Management Bye-Laws within a period of six weeks and circulate the same to all local bodies for adoption.
The direction was passed in a Public Interest Litigation (PIL) filed by Advocate Rajinder Singh Jamwal. “It is very unfortunate that despite the expiry of over two and half years from April 8, 2016 when the Rules came to be notified, the local authorities, as defined in Rule 3(1)(30) have not framed the Bye-Laws”, the DB observed.
The Division Bench asked the local bodies to consider the model Bye-Laws and take a view thereon within a period of four weeks thereafter. “Reports in this regard shall be sent to the office of the Chief Secretary who would cause compliance reports to be filed in a tabulation in the present matter”, the DB added.
Earlier, when the PIL came-up for hearing, Division Bench observed, “status report dated 14th August, 2018 has been filed by Kushal Chand, Commissioner (W) Municipal Corporation, Jammu placing before us the recommendation made by the Government with regard to the draft action plan for e-Waste Management for Jammu city”. The DB directed that the Municipal Corporation shall place before court a consideration of the suggested action plan and the proposed norms on which the same would be managed.
Keeping in view the topography of the State and the difficulties with regard to management of solid waste in the high altitude areas and upper reaches of the State, DB said, “it is essential that the problem of Solid Waste Management is addressed on war footing. The need of the day is not only to manage the solid waste but to understand and acknowledge the problem and to take every possible step for minimizing the generation of solid waste and its effective utilization and furthermore, the habit of littering at public places and desecrating the mountain sites, rivers, streams etc has to be discouraged”,
“This is possible only by imposing proper fine and penalties and also increasing public awareness on issues leading to indiscriminate generation and disposal of garbage, its segregation and management”, the DB further said.
Regarding medical waste, Division Bench observed, “special attention needs to be paid to the very serious aspect with regard to collection and treatment of medical waste”. Accordingly, DB issued notice to Secretary Health and Medical Education Department with direction to place status report before the court with regard to the steps taken for management of medical waste including the prosecutions which have been initiated against the persons for violation of the prescribed norms within four weeks positively.
Regarding air quality, Division Bench observed, “the status report dated 14th August, 2018 filed by the J&K State Pollution Control Board indicates the steps taken in respect of monitoring of the ambient air quality in the State. The report further indicates the details of ambient air quality monitoring stations which have been set up in Jammu and Kashmir provinces”, adding “the report states that the stations in the Ladakh division are yet to be established, even though the financial requirement thereof stands released”.
Accordingly, DB directed State Pollution Control Board to file the latest status within four weeks with regard to setting up of Ambient Air Quality Monitoring Stations at Jammu, Kashmir as well as Ladakh Division.