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HC orders to identify landfill sites, set up SWM projects
11/24/2016 10:43:06 PM
Early Times Report

Jammu, Nov 24: A high court division bench of Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan today directed the authorities concerned to identify landfill sites in each city and town of the state and set up well efficient solid waste management (SWM) projects in each of them.
The court directive came in a PIL, seeking pollution free environment in J&K. After hearing the counsels of petitioner, state and shrine board, the bench disposed of the PIL, observing that the issue of removing heaps of garbage and setting up of SWM projects existed in every district and town of the state and it was not related to its any particular region.
"However, having regard to the nature of controversy and the latest compliance report filed by the divisional commissioner, Jammu, on November 11 last, we deem it proper to dispose of the PIL with a direction to respondents that they shall identify landfill sites in each city and town of the state, if not already identified, within six months from today for dumping and disposal of solid wastes," the bench directed.
The court also directed respondents to set up well efficient SWM projects at each such site within next six months in the manner given in Implementation Schedule (Schedule-I) of Municipal Solid Wastes (Management and Handling) Rules, 2000 framed under sections 3, 6 and 25 of the Environment (Protection) Act, 1986.
The bench also directed the chief secretary to set up a panel of experts within a period of 15 days from today for this purpose.
The municipal authorities of the state were also directed to set up Vermicompost Technology within the same period at small scale levels to manage the daily waste at source, ie hotels and parks.
The court directed respondents and other concerned agencies of the state to ensure and make sanitation drives for cleanliness of dumped solid waste on the mountain slopes so as to preserve the plantation and green cover and also directed to set up Biogas Plants within the same period in the state, wherever it was necessary.
Pollution Control Board was directed to ensure that there was a proper disposal of municipal solid waste and the landfill sites 'start working with protective measures against pollution of ground water, surface water and air fugitive dust, wind blow litter, bad odour, fire hazard, bird menace, pests or rodents, greenhouse gas emissions, slope instability and erosion.
"Since the problem of dumping and disposal of solid waste is expanding rapidly, we are of the view that there is a dire need to launch a cleanliness campaign in the entire state aimed at creating awareness among the people for proper disposal of municipal waste," the court said.
"It is contended that piles of unattended garbage, home waste, plastic bags, bottles and even construction waste can be seen at a number of places all over Udhampur city, which may result in outbreak of any serious viral disease. The sanitary workers collect home waste and throw it by roadsides. The stinking smell emanating from the garbage has made it very difficult to walk on the roads and in streets. Not only this, on many occasions the uncollected garbage on the roads fill sewerage lines, as a result sewage overflows on roads making them impassable. The sanitary workers burn home waste, including polythene bags, on the road which, it is said, not only create pollution but prove to be irksome for asthmatic patients. Referring to the photographs, annexed with the PIL, showing heaps of garbage lying in residential as well as commercial areas of Udhampur city, it is contended that neither Municipal Council, Udhampur, nor District Development Commissioner, Udhampur, are rising to the occasion. Rather they have turned a blind eye towards this alarming situation and are not doing their job honestly, which is the worst example of lethargy of the district administration. It is also contended that it is the duty of the state, the district administration and Municipal Council, Udhampur, to maintain hygiene in the city and ensure that it remains clean and free from diseases," the court observed.
The bench observed that the court, vide its October 30, 2013 order, had directed the respondents to submit a report indicating steps they had taken for removal of garbage from the areas mentioned in the petition as well as dumping and disposal of solid waste. In response to this order, the divisional commissioner, Jammu, had filed the status report revealing the steps taken to identify and acquire land in different towns and municipalities of Jammu division to set up landfill sites for disposal of municipal waste in accordance with the Municipal Solid Wastes (Management and Handling) Rules, 2000. --(JNF)
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