The Gauhati High Court recently directed the authorities of the Urban Development and Housing Department and the Deputy Commissioner of West Siang District, Aalo to convene a meeting along with authorities of the Pollution Control Department, to make an endeavour to sort out the issues between them and to take appropriate decision for an early implementation of Solid Waste Management Rules, 2016.
The Itanagar Bench of Justice Kalyan Rai Surana and Justice Robin Phukan heard a Public Interest Litigation (PIL) filed by one Reken Ingo regarding the change of location of the dumping ground from Hissam, Aalo, West Siang district, Arunachal Pradesh.
The standing counsel for respondents submitted that for the disposal and management of waste, a site was selected and approximately a sum of Rs 20 lakh was invested but due to public protest and objection, the waste dump could not be set up. It is submitted that the authorities are now exploring the possibility of shifting the dump site to another area.
On this, the Bench found that as per the Rule 11 of the Solid Waste Management Rules, 2016, duties of Urban Development Department have been mentioned and it is the duty of the Urban Development Department, which is the Urban Development and Housing Department in the State to direct appropriate Town Planning Department of the State to ensure that a master plan of every city in the State is prepared for setting up solid waste management and disposal facilities.
“As per the Rule 12, certain duties are prescribed in respect of the District Magistrate or District Collector or Deputy Commissioner and similarly under Rule 13 certain duties have been prescribed for Secretary-in-Charge of Village Panchayat or Rural Development Department. Certain duties are prescribed under Rule 14 for the Pollution Control Board. Under Rule 15, certain duties and responsibilities have been provided for local authorities and Village Panchayats,” the Bench observed.
In view of the said provisions, the Court directed the authorities of the Urban Development and Housing Department and the Deputy Commissioner of West Siang District, Aalo to convene a meeting along with authorities of the Pollution Control Department, preferably within a period of 10 (ten) days from the date of the order so as to make an endeavour to sort out the issues between them and to take appropriate decision for an early implementations of the Solid Waste Management Rules, 2016, so that appropriate master-plan is prepared and the prescribed duties and responsibilities of the village authorities are followed in terms of the said rules.
The Court further directed that the said authorities shall also explore the possibility of incorporating provisions in appropriate bye-laws for imposing fine from the people who have been identified to be throwing garbage on the road and aggravate solid waste pollution in the concerned area and shall also chalk-out programme to have such periodical meetings as may be required for implementation of the Solid Waste Management Rules.
The said authorities i.e. the Urban Development and Housing Department is also directed to submit the minutes of such meeting before the Court through the standing counsel for the Urban Development and Housing.