Excelsior Correspondent
Srinagar, June 2 : High Court today sought information from the Government with regard to dumping of solid waste in South Kashmir’s District Pulwama on the land which is not earmarked by the same.
Chief Justice Pankaj Mithal and Justice Vinod Chatterji Koul sought the information after the submissions made by the counsel for the petitioner that under the policy regarding J&K State Integrated Solid Waste Management Strategy, 2017 formulated under Rule 11(1) of the J&K Solid Waste Management Rules, 2016, 90 Kanals of land at Lethpora in Pulwama has been earmarked for the solid waste management project, but despite enclosing the 90 kanals of land, solid waste is being dumped on other lands also.
Senior Additional Advocate General appearing for the UT has sought time to seek instructions as to why the solid waste is being allowed to be dumped on the land other than one earmarked in District Pulwama. DB directed him to obtain such instructions in this regard within one month from today.
The Public Interest Litigation focuses on the aspect of health and hygiene in the matter of disposal of solid waste within the Union Territory of Jammu and Kashmir. It is alleged that the health and hygiene are not up to the mark due to non-implementation of the provisions of the Solid Waste Management Rules, 2016.
It is pertinent to mention that under the Environmental Protection Act, 1986 and the Solid Waste Management Rules of 2016, the Government 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 and have been notified in the year 2019 by the Government.
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 but previously as per the counsel the aforesaid Model Bye Laws are not sufficient and that certain crucial aspects have been left out. Moreover, the same are not being implemented by the local authorities.
Several orders from the court are in place whereby the authorities have been directed to give the details of notifications of the Solid Waste Management Bye Laws and their implementation also the implementation of the Solid Waste Management Bye Laws in the Union Territories of Jammu & Kashmir and Ladakh.
For implementation of the Solid Waste Management Rules, 2016, across the Jammu and Kashmir UT, the areas across J&K which are covered by the Solid Waste Management Rules of 2016 have no proper Solid Waste Management Programmes and as a consequence whereof the Solid Waste is not disposed of in scientific ways.
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