HC directs SWM bylaws be put in public domain

Excelsior Correspondent
Srinagar, Mar 13: High Court today directed Pahalgam Development Authority (PDA) that as and when the Solid Waste Management (SWM) bylaws are completed the same be notified in public domain.
Hearing Public Interest Litigation on protection of environs of tourist resort Pahalgam, the Division Bench of Chief Justice Gita Mittal and Justice Tashi Rabstan after informed by the PDA counsel that the SWM bylaws have been put in public domain for comments and various applications from different stakeholders have been received in this connection on official site of PDA, directed that the same be notified for public domain as and when the process is completed and bylaws are finalized.
It is in terms of previous directions wherein court had directed for information about the notifying the bylaws, Chief Executive Officer PDA in his status report submitted that the same (bylaws) are put on public domain for suggestion and comments.
The court after perusal of the status report of CEO PDA directed that Solid Waste Management bylaws as and when are finalized by State be notified through local bodies.
While taking the litigation today on conservation and protection of Pahalgam tourist resort, court noted that whatever the suggestions received for implementation of SWM bylaws and the latest update with respect to its finalization should be effectuated and report be filed within two weeks.
Earlier court said, unfortunately, despite the expiry of over two and half years from the 8th April, 2016 when the above rules came to be notified, the local authorities, as defined in Rule 3(1)(30), in the State of Jammu and Kashmir have not framed the Bye-laws.
It is in exercise of the powers conferred by these statutory provisions, the Government of India notified ‘The Municipal Solid Wastes (Management and Handling) Rules, 2000 and these Rules came to be superseded in the year 2015 by the Solid Waste Management Rules, 2016 after inviting objections from the public, which were notified on 8th April, 2016.
“Rule 15 of the Solid Waste Management Rules, 2016 provides and mandate is cast upon the local authorities with regard to framing bye-laws and prescribing criteria under Rules 15(e) (f), (zf) and (zg) of the Solid Waste Management Rules, 2016.” the court had said.