Throwing of Garbage and littering should not be done in public places: Madhya Pradesh High Court

Madhya Pradesh High Court passed various directions to the State Authorities to keep cleanliness in the State including Courts within its premises on a PIL filed raising concerns about the current situation created by the Pandemic- Corona Virus Disease (COVID-19)affecting community at large. Petitioners have raised issues regarding prevention, cure and steps which are taken by the various Authorities and also the Courts in this regard.

Court had earlier issued notice to the State following which State has a filed a status report, wherein inter-alia it is stated that the steps have been taken and advisory has been issued to the Educational Institutions to close down and postpone the exams which are scheduled up to 31.03.2020. Further it has been stated in the status report that State of Madhya Pradesh is at first stage of Corona Virus Disease (COVID-19) for which suspects have been identified and put under observation and treatment is quarantined/isolated identified places is also undertaken by them.

“There are near about 64 Quarantine Centres identified in all Districts wherein 1304 beds are available for meeting out all the possible eventualities or mishappening in this regard. Further drugs, foods and other necessary things are made available in these Quarantine Centers. There is no shortage of either drugs or any other essential articles in the Quarantine Centers. Even medical and paramedical staff has been deployed in sufficient strength in these Quarantine Centers and, therefore, all the protective measures have been put at appropriate place. Medical Bulletin has also been issued by the Directorate of Health wherein it has been reiterated that no positive case in Madhya Pradesh is found till date and only 41 samples have been sent to the Laboratory for testing, out of which 29 samples are found to be negative and reports relating to 12 samples are still awaited. Phone Number 104 has been activated for receiving the information and guidance for Novel Corona Virus Disease (COVID-19) wherein 1479 calls were attended. 11,685 passengers were screened in Indore, Bhopal Jabalpur and Gwalior Airports to ensure that there is no spread of Corona Virus disease (COVID-19) in the State of Madhya Pradesh. Ministry of Health has also issued guidelines for home isolation Directions have also been issued under Section 5(4) of M.P. Cinema Viniyam Adhiniyam whereby all the cinema halls, theatres and multiplexes have been directed to be closed down upto 31.03.2020. Necessary instructions have also been issued to the Railway Authorities to take appropriate action for prevention of Corona Virus Disease (COVID-19)”, said Status Report filed by State of Madhya Pradesh.

A bench of led by Chief Justice Ajay Kumar Mittal & Justice Vijay Kumar Shukla, Madhya Pradesh High Court took into consideration the various directions that have been passed by the Allahabad High Court and the directions issued to the State Government and Municipal Corporation of Greater Mumbai as well as all Municipal Corporation of Maharashtra by the Bombay High Court and directed as follows:-

A- That the State shall ensure to defer all the recovery proceedings at the end of district administration, financial institutions and other administrative bodies/authorities/agencies under the same terms as contained in the order passed by the Allahabad High Court.

B- Further, it is clarified that it shall be open to the State to move appropriate courts and obtain necessary orders wherever some urgency is required during the course of these days. The State shall file the latest status report in this regard.

C- Necessary steps will be taken for ensuring the cleanliness in the State of Madhya Pradesh and that there is no accumulation or collection of Garbage at the public places.

D- Public at large is requested to help the administration and ensure that public places are not used for throwing of Garbage and littering should not be done in public places. The waste of individual house should be stored in the respective houses and disposed of through collective disposal mechanism to be provided by the Administration. Mr. Shekhar Sharma, Additional Advocate General, Mr. Himanshu Mishra, Mr. H.K. Upadhyay, Mr. Ajay Gupta, Government Advocates for the respondents/State assure the Court that the directions issued by this Court shall be strictly complied with and the State Government shall ensure that the proper and necessary instructions are issued in this regard. It was also brought to the notice of this Court that in various places in the State of Madhya Pradesh, collection of Garbage and the cleanliness is required and also in the Court premises i.e. High Court as well as District Courts within the State of Madhya Pradesh. Necessary steps shall be taken in this regard as well expeditiously.

“Let a copy of this order be sent to the Registrar General forthwith who shall forward the same to the Chief Secretary of Madhya Pradesh immediately to ensure its compliance by issuing necessary directions/circulars to all the concerned authorities in the matter throughout the State within 48 hours”, said Madhya Pradesh High Court.

The matter would be heard again on 26.03.2020.

-India Legal Bureau