The Jammu and Kashmir High Court directed the Commissioner-Secretary to the Government,Health and Medical Education Department to file an affidavit detailing the steps taken for segregation, collection and transportation of solid and medical waste from the Hospitals of Union Territory of Jammu and Kashmir and other associated Hospitals.
The Division Bench of Justice Ali Mohammad Magrey and Justice Moksha Khajuria Kazmi heard a Public Interest Litigation filed in 2018 focusing one very very important aspect of public health and hygiene, which has been eluding the State of Jammu & Kashmir due to non implementation of provisions of the Solid Waste ManagementRules of 2016.
In terms of Order dated 12th of August, 2022, the Principal Secretary to Government, Housing and Urban Development Department,J&K Government, was directed by the High Court to file personal affidavit indicating compliance of each and every order so far passed by this Court in the matter from time to time.
In compliance of the aforesaid Order dated 12th of August,2022, the Principal Secretary to Government, Housing and Urban Development Department, J&K Government, has filed the Affidavit,wherein the scheme of disposal of the municipal solid waste in terms of the Solid Waste Management Rules and Bye-Laws is stated to have been undertaken having reference to collection, segregation, storage,transportation and disposal of municipal solid waste.
In the Affidavit, reference is made to the Solid Waste Management Rules,2016 notified on 8th of April, 2016 by the Ministry of Environment, Forest And Climate Change, Government of India which assigns the duty/responsibility to various Ministries of Central Government/ StateGovernment, Central Pollution Control Board and State Pollution ControlBoards, District Magistrates, local authorities, Village Panchayats,Industrial Units and Waste General units, etc.
It is also stated in the Affidavit that the State Policy and Solid Waste Management Strategy, 2017has been notified on 25th of January, 2018 with direction to the Director,Urban Local Bodies, Jammu/ Kashmir to circulate the policy among ChiefExecutive Officer/ Executive Officers of Municipal Committees/ Councilsfor implementation of the same and furnish monthly compliance report to the Administrative Department. Besides, the policy was uploaded on the website of the Housing and Urban Development Department for the perusal of the public at large. That apart, the Affidavit also provides details about the compliance of the directions and the implementation of the policy of theGovernment from time to time.
On examination of the Affidavit so filed, the High Court feel that much more practical steps are required to be taken by the concerned authorities in the Government of Union Territory of Jammu and Kashmir for dealing with the process of solid waste management inasmuch as the contents of theAffidavit clearly appear to be confined to paperwork only at this stage.
That being so, the High Court directed the Commissioner, Jammu, MunicipalCorporation; Commissioner, Srinagar Municipal Corporation; Director,Urban Local Bodies, Jammu/ Srinagar; and Director, Rural DevelopmentDepartment, Jammu/ Srinagar to inform the Court as to the steps taken for purpose of implementation of the action plan for management of solid waste in their respective jurisdiction.
The Matter is listed on 10th of November, 2022.Meanwhile the Court directed Tahir Majid Shamsi, the DeputySolicitor General of India (DSGI), to file a response with respect to release of funds by the Ministry of Housing and Urban Affairs, Governmentof India for the purpose on or before the next date so fixed.