news details |
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| HC sends strict rider of punitive action | | Directs AG to resolve dispute between ERA, SMC | |
Early Times Report
Srinagar, June 9: Jammu and Kashmir High Court has directed Advocate General to resolve dispute between Srinagar Municipal Corporation and Economic Reconstruction Agency (ERA) over Achan dumping site for Srinagar.
Hearing a Public Interest Litigation, a Division Bench comprising Chief Justice M M Kumar and Justice M H Attar also warned authorities of both ERA and SMC of punitive if Municipal Solid Waste (Management and Handling) Rules, 2000 and Environmental Protection Act of 1986 was not complied with in letter and spirit.
The directions by the court followed perusal of status reports filed by SMC and ERA and submission of counsel representing them. In the report submitted by ERA, the details of Sanitary Landfill at Achhan have been given.
"There is a dispute between SMC and ERA as to whether a part of landfill site has to be looked after by ERA or a part of it still requires to be looked after by Corporation," the Division Bench said.
Counsel for SMC has claimed that the job of the Corporation is to collect solid waste as per the Rules known as Municipal Solid Waste (Management and Handling) Rules, 2000 and Schedule 1&2.
How solid waste is to be treated by putting it in landfill site is the job of ERA whereas the claim made by counsel for ERA, is that a part of landfill site has to be looked after by SMC.
Advocate General M I Qadri, who was present in the Court, stated that he would intervene in the matter and solve the jurisdictional conflict.
"Let the learned Advocate General resolve the issue," the court said. The Division bench also asked both the agencies to file status reports clearly showing that the Rules of 2000 have been complied with in letter and spirit as has already been directed in various orders of by Court.
"We wish to remind the authorities of ERA as well as SMC that if necessity arises we will not refrain from passing any order under Section 15 of the Act and would revive the notice already issued," the bench said.
The bench also mention that provisions of Section 15 of the Environmental Protection Act of 1986 provide that whosoever fails to comply with or contravenes any of the provisions of 1986 Act or the Rules of 2000, would be punished with imprisonment for a term which may extend to five years or with fine which may extend to Rs 1.00 lac or with both.
Meanwhile, the Court Commissioner submitted his report about the Achan, stating that the officials on the spot had claimed that leachate treatment plants were catering to the requirements on spot. He has concluded that it would be totally unsafe to accept the statement in absence of opinion of the expert in the field.
In addition, the Commissioner has observed that one leachate plant for disposal of the waste garbage is already complete which was fully covered.
Regarding the other plant, the commissioner said, the officials of ERA have stated that it would take them at-least one year to the cell for effective disposal of garbage.
The Commissioner has suggested that it has to be augmented on scientific lines to ward off any future catastrophe which is likely to be caused by the waste, garbage on spot.
"A photocopy of the report of Court Commissioner be given to the Advocate General, counsel for ERA as well as SMC to file compliance report in light of the report," the bench said. |
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