Jammu & Kashmir High Court
Rajinder Singh vs State Of J&K; And Ors on 20 December, 2017
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Serial No. 2
Suppl. List 1
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
WPPIL No. 42/2014
MP No. 1/2015
Date of order: 20.12.2017
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) : In person.
For the Respondent(s) : Mr S.S.Nanda, Sr. AAG.
Mr Ehsan Mirza, Dy.AG.
Mr Sachin Gupta, Advocate.
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
1. Mr Hirdesh Kumar, the Commissioner Secretary, Housing and Urban Development Department is present in Court. He has informed us that the sanitary land fill site has been identified at Kot Bhalwal and the land has also been acquired to the extent of 156 kanals. The land fill shall be developed strictly in terms of the Solid Waste Management Rules, 2016 under the Environment Protection Act, 1986. He has also indicated that the process of dumping solid waste near the River Tawi which is going on at present and near the Airport shall be stopped and all the solid waste would be taken to the land fill site at Kot Bhalwal which is in terms of the said Act and the rules. However, he states that he requires about 15 days time to ensure full coordination with other agencies including the District Administration and the police. We appreciate the action taken by the said Commissioner Secretary and direct the District Authorities as WPPIL No. 42/2014, MP No. 1/2015 Page 1 of 2 well as the concerned police officials to fully cooperate with him to ensure that the land fill site, which has been selected and is to be operated in terms of the Act and the Rules, is permitted to be fully functional without any hindrance. In the course of time, the waste that has been dumped near the River Tawi as also near the Airport shall also be transferred to the land fill site. The Commissioner Secretary shall also file the time-line within which these actions would be taken.
2. The position with regard to e-Waste Management shall also be indicated and the appropriate plan of action shall be presented to this Court before the next date of hearing.
3. Another aspect is with regard to Bio-medical Waste. Dr. Pawan Kotwal, Principal Secretary to the Government, Health and Medical Education Department is also present. He shall also indicate the exact plan of action which the State has with regard to the disposal of Bio-medical waste including the waste which is of a hazardous nature. The plan of action be presented before this Court before the next date of hearing.
4. The concerned officials shall also indicate the alternatives to land fill sites for disposal/utilization of the solid waste, such as, waste-to-energy plants, recycling plants etc., which may be set up in order to deal with the solid waste generated particularly within the Jammu City as part of the Solid Waste Management Plan.
5. Re-notify on 07.02.2018.
6. A copy of this order be given dasti to the learned counsel for the respondents.
(Sanjeev Kumar) (Badar Durrez Ahmed)
Judge Chief Justice
Jammu
20.12.2017
Pawan Angotra
WPPIL No. 42/2014, MP No. 1/2015 Page 2 of 2