Jammu & Kashmir High Court
Rajinder Singh vs State Of J&K; And Others on 15 November, 2017
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Serial No. 02
Supplementary List
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
WPPIL No. 42/2014
MP No. 01/2015
Date of order:15.11.2017
Rajinder Singh vs State of J&K and ors
Coram:
Hon'ble Mr Justice Badar Durrez Ahmed, Chief Justice
Hon'ble Mr Justice Sanjeev Kumar, Judge.
Appearance:
For the Petitioner(s) : Mr Rajinder Singh, Advocate.
For the Respondent(s) : Mr S.S.Nanda, Sr. AAG.
Mrs Seema Shekhar, Sr. AAG.
Mr W.S.Nargal, Sr. AAG.
Mr Nirmal Kotwal, Sr. AAG.
Mr Rohit Kapoor, AAG.
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
1. We have seen a presentation given by Ms Nisha Nathyal, SSP, Traffic, City, Jammu. She has given us a comprehensive overview of the problems faced by the citizens of the Jammu insofar as the traffic management and congestion is concerned. Various points have been highlighted by her including the need for redesigning rotaries, which has to be done through coordinate efforts of the JMC, JDA and R&B Department of PWD.
2. The second aspect which was highlighted was the lack of parking facilities throughout the city of Jammu, as a result of which the people are parking their vehicles on the road, which are meant for plying of cars etc., and not for parking of vehicles. One of the main culprits for congestion due to the parking has been identified as Banquet Halls. The SSP suggested that the Banquet halls which do not have parking facilities or do not in future provide for parking facilities should WPPIL No.42/2014 Page 1 of 4 not be permitted to operate. The permits for Banquet halls are given by the Jammu Municipal Corporation. The Commissioner JMC is present, he shall examine this matter and give a report on this aspect.
3. The third point which was highlighted was that an additional road, if it is constructed between Narwal and Bathindi, would greatly decongest the traffic situation in Jammu city. The learned counsel appearing for the R&B Department and the Planning Department shall take instructions and inform this court, as to whether, this project is feasible and, if not, why not.
4. The fourth aspect which was pointed out was of the construction of the Amphalla Flyover, which also needs to be examined by the same organization. The learned counsel appearing for the JKERA submits that there is another PIL pending before this Court in which a status report with regard to the Flyover shall be submitted.
5. Another point of concern is the manner in which the mini bus permits are being given and the manner in which the mini buses are being operated within the city. It has been noticed that there are no bus stands. There are no specific points of picking up or dropping of passengers and this leads to a chaotic situation because the mini bus drivers and conductors stop the buses at any point, even at the middle of the road, which leads to stoppage of all traffic. This needs to be regulated and there is definitely a need for construction of bus stands and for specification of points for embarkation/disembarkation of passengers. The Transport Commissioner shall submit a report with regard to this.
6. The issue of solid waste in the city has also attained alarming proportions. If a person was only go around the city of Jammu, he would find garbage dumps at each and every nook and corner of the city. A large part of the garbage is being dumped along the banks of the river Tawi. We are informed that presently about 380 Metric Tons of solid waste is generated everyday in Jammu. It is stated that about 350 Metric Tons per day are collected but there is no scientific dumping site WPPIL No.42/2014 Page 2 of 4 in Jammu. As a result of which although the solid waste is collected, it is being dumped unscientifically and at the banks of River Tawi. The uncollected waste in any event is being dumped at every colony and every space available in the city. We are informed that there is an unauthorized dumping site near Bhagwati Nagar, which is near the Air Port. The dumping site at a place near Air Port, prima facie, does not appear to be safe for air traffic. The JMC shall immediately investigate this matter and inform this court, as to whether this dumping site ought to be closed completely.
7. Since there is a serious need to deal with solid waste in terms of the Solid Waste Management Regulations of 2016, we constitute a Committee comprising of (1) the Divisional Commissioner, Jammu; (2) the Vice Chairman JDA; (3) the Commissioner JMC; (4) the Chairman State Pollution Control Board; and (5) the Chief Engineer, Urban Environmental Engineering Department (UEED), to be chaired by the Divisional Commissioner, Jammu. The said Committee shall hold its first meeting within a week from today, at the date, time and place to be fixed by the Divisional Commissioner, Jammu. The said Committee shall examine the requirements of law with regard to solid waste management and the steps needed to be taken to satisfy those requirements. This may include the setting up of waster-to-energy plants/scientific dumping sites in terms of the Rules and Regulations. The minutes of the meeting be provided to this court before the next date of hearing.
8. With regard to the treatment of sewage, we are informed that in the old city of Jammu about 100 million litres per day (mld) is generated. Out of which only 4 mld are being treated in the 10 mld STP at Bhagwati Nagar, another 8 mld are being treated in the 30 mld STP at Bhagwati Nagar. In other words, out of 100 mld, only 12 mld of sewage are treated in Jammu city. This further means that 88 mld is untreated and the same flows into the River Tawi. The present installed capacity of the STPs is only 40 mld. We are informed that another STP of 27 mld capacity is under construction. However, the date of its completion is not known.
WPPIL No.42/2014 Page 3 of 4The learned counsel appearing for the UEED shall inform this court of the exact proposed date of completion of this STP. Even if this STP is completed, it would only take care of 67 mld, if all the STPs work to full capacity. That would mean that given the current generation of sewage of 100 mld, which is likely to go up in future, only about 33 mld would still be untreated. The Housing and Urban Development Department represented by Mr Nanda shall file an affidavit, indicating as to what steps it is proposing to take so as to treat the entire sewage which is generated in Jammu city by installation of STPs or through other methods.
9. The learned counsel for the State Pollution Board shall file a status report within a day. We shall take up the status report with regard to air pollution and water pollution and biomedical waste and the issue of Brick Kilns on the next date of hearing.
10. The counsel who have been directed to file status reports, shall do so within two weeks.
11. Re-notify on 14th December, 2017.
(Sanjeev Kumar) (Badar Durrez Ahmed)
Judge Chief Justice
Jammu
15.11.2017
Vijay
WPPIL No.42/2014 Page 4 of 4