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Jammu and Kashmir High Court directs respondents to follow rules and regulations to prevent environmental degradation

The Jammu and Kashmir High Court has directed the respondents to adhere to all relevant Rules and Regulations in the matter of preventing degradation of environment in the Valley.

The Division Bench of Justice Sanjeev Kumar and Justice M.A. Chowdhary  closed a Public Interest Litigation, which alleged that the respondents were dumping municipal solid waste/bio-medical waste on the protected wetland (Ramsar wetland) situated at Dharnambal/Ningli in Tarzoo Sopore.

It was complained that the dumping of the municipal solid waste on the Ramsar wetland was not only affecting the Ramsar wetland but was also contributing to the pollution in the Wular Lake.
Taking note of the startling revelation made in respect of illegal dumping of municipal solid waste/bio-medical waste on the Ramsar wetland and the area around Wular Lake, the court took cognizance and issued notice to the respondents to file their response.   
Respondents have filed several affidavits/responses and have also submitted status reports with respect to the steps taken by them to undo the wrong. Last affidavit on behalf of the Director, Urban Local Bodies Kashmir in compliance to the interim order dated 31st October 2022 was filed on 18th November 2022.  
From reading of the affidavit filed by the Director, Urban Local Bodies, Kashmir, the Court noted that  the respondents have taken several  steps to deal with solid waste /bio-medical waste throughout the valley. 
It is also pointed out in the affidavit that so far as the town of Sopore is concerned, the solid waste/bio-medical waste is being collected and transported to the designated dumping site at Jetty Baramulla. It is submitted that 60 Kanals of the land is available at Jetty for establishment of Integrated Waste Management Facility for the towns of Baramulla and Sopore. 
“In short, the affidavit of the Director indicates that they have stopped dumping of solid waste/ biomedical waste at any place other than the identified designated dumping site at Jetty Baramulla. This way, the grievance of the residents of the Sopore stands redressed and the purpose for which this Public Interest Litigation was initiated stands accomplished”, the Bench observed .
Shafqat Nazir, learned counsel appearing for the petitioner , submitted that the grievance of the petitioner as of now is settled, but the respondents are required to be directed to comply with The Solid Waste Management Rules, 2016, The Wetlands (Conservation and Management) Rules, 2017 and all other laws aimed at protecting the environment in letter and spirit.   
“In view of the aforesaid, the proceedings in this Public Interest Litigation are closed with a direction to the respondents to adhere to all relevant Rules and Regulations particularly referred to above in the matter of preventing of degradation of environment in the Valley. They shall also take immediate steps to lift the solid waste/biomedical waste if still dumped at Ningli and Dharnambal and shift it to the designated dumping site at Jetty, Baramulla”, the order read.

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