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| HC seeks personal appearance of DC Pulwama | | | Early Times Report
JAMMU, Sept 1: A Division Bench of Jammu & Kashmir High Court Comprising Chief Justice Pankaj Mithal and Justice Sanjay Dhar directed Deputy Commissioner Pulwama remain personally present subject to payment of costs of Rs.10,000 for not filling the information egard to dumping of solid waste in South Kashmir's District Pulwama on the land which is not earmarked by the same.
When the PIL Came-up for hearing, Division Bench headed by Chief Justice Pankaj Mithal observed that in pursuance to the order of the Court dated 02.06.2021, Mr. B. A. Dar, Sr. AAG, states that he has written a letter to the Deputy Commissioner, Pulwama, but he has not received any response thereto.
We are not concerned with the internal correspondence of the counsel with the State administration, DB said. The fact is that instructions in the matter are not forthcoming.
DB took serious note and directed Registry to list this PIL on September 15, 2021 on which date the Deputy Commissioner, Pulwama, shall remain personally present subject to payment of costs of Rs.10,000/-.
The Public Interest Litigation focuses on the aspect of health and hygiene in the matter of disposal of solid waste within the Union Territory of Jammu and Kashmir. It is alleged that the health and hygiene are not up to the mark due to non-implementation of the provisions of the Solid Waste Management Rules, 2016.
It is pertinent to mention that under the Environmental Protection Act, 1986 and the Solid Waste Management Rules of 2016, the Government has framed Solid Waste Management Bye Laws in exercise of powers under Sections 36 and 25 of the Act in consultation with all the stakeholders and have been notified in the year 2019 by the Government.
According to the Bye Laws all local bodies are enjoined upon to take appropriate action for the disposal and treatment of the solid waste material but previously as per the counsel the aforesaid Model Bye Laws are not sufficient and that certain crucial aspects have been left out. Moreover, the same are not being implemented by the local authorities.
Several orders from the court are in place whereby the authorities have been directed to give the details of notifications of the Solid Waste Management Bye Laws and their implementation also the implementation of the Solid Waste Management Bye Laws in the Union Territories of Jammu & Kashmir and Ladakh.
For implementation of the Solid Waste Management Rules, 2016, across the Jammu and Kashmir UT, the areas across J&K which are covered by the Solid Waste Management Rules of 2016 have no proper Solid Waste Management Programmes and as a consequence whereof the Solid Waste is not disposed of in scientific ways.
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