Solid Waste Disposal: Model Bye Laws Insufficient?

HC Asks Counsel For PIL Petitioner To Suggest Improvements

Srinagar, Feb 25 (GNS): Jammu and Kashmir High Court has asked counsel for petitioner of a Public Interest Litigation to suggest areas where model bye laws regarding solid waste management in Jammu and Kashmir need improvement.

The PIL focuses on the aspect of health and hygiene in the matter of disposal of solid waste within the 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.

A bench of Chief Justice Pankaj Mithal and Justice Tashi Rabstan passed the orders after advocate Shafqat Nazir, representing Environmental Policy Group (EPG), an NGO, submitted that certain crucial aspects have been left out in the Model Bye Laws. Moreover, the same are not being implemented by the local authorities, he said.

“In such a situation, we require the counsel for the petitioner to first consider the Act, the Rules and the Model Bye Laws and then to suggest the areas in which the same can be improved upon for the purposes of solid waste disposal,” the court said as per GNS.

Under the Environmental Protection Act, 1986 and the Solid Waste Management Rules of 2016, the 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 and same were notified on 31 July 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.

As far as the non-implementation of the aforesaid Rules and Bye Laws by the local bodies, the court asked advocate Shafqat to file “appropriate application with affidavit, stating the specific local bodies that are not adhering to the Rules and Bye Laws.” (GNS)