Jammu & Kashmir High Court - Srinagar Bench
Advocate A. R. Hanjura & Ors vs State Of Jk & Ors on 4 November, 2019
Bench: Ali Mohammad Magrey, Rashid Ali Dar
IN THE HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
PIL No. No. 361/2011 c/w
PIL No. 12/2018
Dated: 4th of November, 2019.
Advocate A. R. Hanjura & Ors.
..... Appellant(s)
Through: -
Mr A. H. Naik, Amicus Curiae with
Mr Zia Ahmad Shah, Advocate.
V/s
State of JK & Ors.
..... Respondent(s)
Through: -
Mr Tahir Majid Shamsi, ASGI
Mr B. A. Dar, Sr. AAG
Ms Asifa Padroo, AAG
Mr Shah Aamir, AAG
Mr Moomin Khan, Advocate.
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge
Hon'ble Mr Justice Rashid Ali Dar, Judge.
Whether approved for Reporting in Press/ Media? YES.
Whether approved for Publication in Digest/ Journal? YES.
JUDGMENT (ORAL)
Ali Mohammad Magrey; J:
01. This petition, filed in public interest, revolves round the subject of menace of dog bites, particularly, those having rabies.
02. In view of the nature of public interest involved in the present petition, we appoint Mr A. H. Naik, the learned Senior counsel, as the Amicus Curiae in the instant petition.
PIL No. 361/2011 c/w PIL No. 12/2018 Page 1 of 9
03. By order of this Court dated 29th of July, 2019, Mr Moomin Khan, the learned counsel appearing on behalf of the Srinagar Municipal Corporation (hereinafter referred to as the "Corporation"), was directed to file the status report in terms of paragraph No.2 of the order dated 29th of May, 2019.
04. Status report, in compliance of order dated 29th of July, 2019 (supra), stands filed on behalf of the Corporation, wherein it has been stated as under:
"1. That with regard local segregation and treatment of the solid waste, conservation of waste into energy, organic compost and treatment of other solid waste under the Solid Waste Management Rules as well as the treatment and disposal of the Bio Medical Waste generated across the State in all Private, Government Hospitals, Nursing Homes, Clinics etc, the respondent Corporation submits as under:-
a) The Srinagar City is spread over an area of 246 Sq Kms having 73 Electoral Wars /34 Administrative Wards with a road length of approximately 1600 running Kms (both macadamized and other roads). As per the 2011 Census, the city population was 11.68 lacs, At present the estimated population is 16 lacs including 2 lac floating population. There are 1.78 lacs households and 85600 commercial establishments including shops etc and as many as 1240 hotels and restaurants operating in Srinagar City. The Solid Waste generation sources are mainly residential, commercial, private slaughter houses, institutions, Organizations like hospitals, restaurants, industrial units, parks and gardens, construction and demolition waste (debris) etc. The functioning of the Solid Waste Management Sanitation wing is as under: -
i. Door to door waste collection.
ii. Collection of segregated waste.
iii. Street sweeping.
iv. De silting of surface and mini deep drains.
v. Removal of dead animals like cows, dogs, horses etc.
vi. Cutting of wild grass on footpaths and road sides.
vii. Disinfecting of city roads and public places with lime,
gammaxene, Phenyl, etc.
viii. Sifting of garbage to secondary storage point.
ix. Washing and clearing of footpath.
x. Transportation of garbage from secondary collection
points/temporary collection points to dumping site.
xi. Scientific disposal of garbage at Dumping Site Achan by way of Compositing, resources recovery etc. PIL No. 361/2011 c/w PIL No. 12/2018 Page 2 of 9
b) That to implement Solid Waste Management Rules 2016 in letter and spirit, emphasis is being given to education people to segregate the waste at source and need was felt to engage NGO's to build capacity amongst the inhabitants of the Srinagar City to inculcate behavioural change amongst them with respect or implementation of best practices of Solid Waste management. For hiring such experts which would education the citizen of Srinagar City, tenders were floated and after due tendering process, the following 06 Information, Education and Communications partners (IEC Partners) were selected and simultaneously allotted different zones of Srinagar City vide No. SMC/SWM/734-44 dated 14.03.2018:
S. No. Name of IEC Partner Zone Wards in Zones
Allotted
1 JK Development Zone 01 Ward Nos. 01 to 05
Action Group
2 Human Welfare Zone 02 Ward Nos. 06 to 09
Voluntary Org.
3 Envosaviour Tech. Zone 03 Ward Nos. 10 to 13
Pvt. Ltd.
4 Gemini Productions Zone 04 Ward Nos. 14 to 17
5 J&K Sahara Zone 06 Ward Nos. 22 to 26
Foundation
6 Eco Peace Resource Zone 07 Ward Nos. 27 to 31.
Management
Foundation
c) That in the State of Jammu and Kashmir, the respondent Corporation taking lead, has, after following due tendering process, already vide No. SMC/SWM/2017/600-611 dated 11.12.2017 issued Letter of Intent to M/s Highland Automobiles Pvt. Ltd. (in consortium with key Stone Energy Systems LLP and Astrix Infra Private Ltd) for an integrated waste management facility including energy generation and value recovery from SWM for a capacity of 500 + MT/PD, to be implemented on an Design, Finance, Build, Own, Operate and Transfer (DFBOOT) basis for a period of 25 years at Achan Srinagar. The said project is to be established within 18 months after Power Purchase Agreement (PPA) and Concession Agreement (CA) is reached between the project Proponent and other stake holders from J&K Government. The draft PPA and CA is only approved by J&K Power Development Department, Housing and Urban Development.
d) One 30 tons per hour (TPH) capacity Mechanical Segregator is already installed at landfill site Achan, Srinagar, which at present is sieving 35% of the total waste coming to dumping site into various components. One mini Compost Plaint of a capacity of 2 PIL No. 361/2011 c/w PIL No. 12/2018 Page 3 of 9 TPD is already operation at Landfill site Achan, Srinagar, processing organic waste collected from Fruit Mandi and Vegetable mandi, Srinagar. The respondent Corporation is upgrading/ enhancing the processing capacity of said compost plant to 30MT/PD which will be operation within the shortest reasonable time. Besides this upgradation 2 numbers of 500 KG/PD and 2 MT/PD capacity automatic Organic Waste Convertors have been procured through GeM portal for decentralization of waste processing. The SMC has also installed a 300 KG Magnetic Waste Disintegrator at landfill site Achan which converts the plastic waste into ashes.
e) That with regard to the bio medical waste, it is submitted that bio medical waste generated in all Government/ private hospitals, clinics, nursing homes is managed by these institutions of its own as per the prevalent Bio Medical Waste Management Rules and the respondent Corporation is only collecting municipal solid waste from these institutions.
2. That with regard to the steps taken for treatment of fruit and vegetable waste across the state, the respondent Corporation submits as under:
a. Though there is no Organic Waste Convertor installed at Fruit Mandi situated at Qamarwari, Srinagar and Vegetable Mandi Batmaloo, Srinagar. The respondent Corporation collects the said vegetable/ fruit market waste from these Mandis and converts it into Organic Compost by way of windrow compositing done at dumping site Achan, Srinagar.
b. The SMC organizing awareness camps across the length and breadth of City at Ward level. Besides, awareness through electronic media, hoardings and FM Radio advertisements is being done on continuous basis. The SMC has distributed Srinagar city in eight zones and has allotted IEC campaign to six IEC partners, as detailed in para No.3 of this report to carry extensive campaign for segregation of waste at source. The IEC Partners have also engaged more than 250 human resource/ team leaders who are visiting every household/ commercial establishments in Srinagar city on daily basis and inculcating behavioural change amongst the citizens.
c. Collection & transportation of Municipal solid waste
i) the household waste is being collected by the sanitary workers in handcarts, Cycle Rickshaws and Hopper Vehicles then temporarily dumped at Garbage Storage points (bins) spread all over the city at 555 places. However, out of five hundred and fifty five storage points nearly one hundred and thirty two storage points are open and steps are being taken to replace them by covered bins, out of which sixty covered bins have been procured and have been installed at the aforementioned open spaces and rest open points will be replaced by covered bins within two months' time period.
PIL No. 361/2011 c/w PIL No. 12/2018 Page 4 of 9
ii) The waste collected at the temporary collection points is being transported to landfill site at Achan through our transport fleet, the details whereof is given as under: -
1 Tippers 26 2 Loaders 16 3 Compactors 18 4 Twin Dumper Vehicles 14 5 Single Dumper Vehicles Hoppers 122Chicken Waste Hooper Vehicles Chotta Haties 6 Hook Loader Vehicle 02 7 Sweeping Machine 01 8 Animal Catching Vehicle 02 9 Water Sprinkling Tanker 03 The waste is not being dumped in the landfill cells but processed for Compost. The respondent Corporation has intimated Horticulture Department to procure machines for processing the vegetable/ fruit market waste within the Mandis premises and has offered help to them to procure machines based on best technology available in the country.
3. That with regard to the landfill site at Achan, it is submitted the same was being managed by the Economic Reconstruction Agency, who managed the site in scientific manner by covering the waste by soil layer and also to endure treatment of leachate generated at site. However, the respondent Corporation has taken over the said landfill site some four months ago. The respondent Corporation is also installing one STP at site for treatment of Leachate and septage of the area and tenders for same has been floated by the J&K Urban Environmental Engineering Department (UEED). It is further submitted that a Mini Compost Plant on trial basis has been installed at site for windrow composting facility and vegetable waste having capacity of 2 metric tons, being processed on trial basis. In order to prevent emitting of bad odour and prevention of spreading of vector diseases, Srinagar Municipal Corporation is spraying Sanitary Eco friendly powder on daily basis.
4. That it is submitted that in accordance with Solid Waste Management Rules, the Srinagar Municipal Corporation has taken steps to segregate Biodegradable and Non- Biodegradable waste in accordance with rules for which the following steps have been taken:-
a) The process of segregation has been started in the right earnest since December, 2012 for segregation of Biodegradable and Non- Biodegradable Municipal Waste at various levels. With PIL No. 361/2011 c/w PIL No. 12/2018 Page 5 of 9 regard to the segregation at source, 47000 plastic bins (with tilting lids) have been provided to the Ward officers for distribution amongst various households in Srinagar city, falling under jurisdiction of SMC. All the households approximately 1.87 lacs shall be covered under this program in phased manner.
b) That the Corporation has made a mechanism for proper solid waste management and the city has been divided into four zones viz. East, West, North and South, headed by Sanitation Officers. Further till date 139 Rag Pickers have been registered with SMC who are segregating about 2 metric tons of Non- Biodegradable waste every day from the landfill site.
5. Implementation of SWM Rules 2016 (In Bullet Points):
• Nearly 70% Door collection of waste is being practiced in the city. The same will be increased to 100% within this year.
• 10-15% source segregation presently practiced in select Wards. The respondent Corporation however proposes to bring all household under the ambit of source segregation up to December 2020 with the availability of required infrastructure.
• Information, Education & Communication (IEC) is being done in the whole city. In the last 8 months as many as 25000 IEC activities were undertaken with the help of IEC Partners hired by SMC.
• 369 Compactor/smart bins, 81 dumper placer, 120 twin dumper placers bins placed throughout the city of collection of waste.
• 95% Regular street sweeping is done. Night sweeping is also done in select SMC Wards.
• 112 Hopper Vehicles pressed in service to collect door to door waste. 52 vehicles compartmentalized for collection of segregated waste.
• Proposal to install GPS system in waste transporting vehicles.
• As many as 122 Bulk Waste Generators identified and put on notice. Some major institutions installing Compost plants within their premises.
• User Charges/sanitation fee already notified and being realized.
• Burning of leaves, solid waste banned. Notification in this behalf of already issued.
• Grievance Redressal cells working in SMC. Mobile phone applications such as Swachtapp used by citizens of Srinagar to register their grievances. Such grievances are usually redressed within 24 hours.
• 50 Nos. of trash guards constructed alongside the banks of Dal Lake from Nowpora to Khojyarbal to prevent waste entering in the water body.
PIL No. 361/2011 c/w PIL No. 12/2018 Page 6 of 9 • To reclaim/bio stabilization of legacy waste, tenders were floated but with no response. Fresh tenders have been floated to reclaim the existing landfill cells. The legacy waste is approximately more than 7.00 lacs MTs in the cells.
• Mechanical Segregator working at landfill site Achan. Nearly 35% of the waste being mechanically segregated. • Compost is being produced at landfill site. Till date more than 200 MTs of Compost sold @ Rs. 5/- per kg.
• One No. of 2 MT/PD and 2 Nos. of 50 Kg/PD capacity Organic Waste Convectors being installed at Sabzi Mandi Batamaloo, Shalima & Western Foreshore Road, Dalgate, Srinagar.
• A proposal has been submitted to Principal Secretary, Housing and Urban Development Department for accord of approval and release of funds to upgrade infrastructure to fully implement the SWM Rules 2016.
• Form II & Form IV already submitted to Member Secretary, PC.
• Proposal underway to hire consultant for collection and transportation of Municipal Solid Waste.
BIO MEDICAL WASTE:
This SMC is collecting municipal solid waste generated in the city hospitals. The bio medical waste is either processed by hospital of their own level or through two Bio Medical processing Plants situated at Lasjan and Lassipora. PLASTIC MANAGEMENT RULES:
So far 1250 Kgs of banned polythene confiscated and Rs. 175000/- realised as fine from Jan 2018 in 145 drives. CONSTRUCTION AND DEMOLITION WASTE:
The SMC is presently collecting the Construction and Demolition waste separately and using the same for levelling the low-lying land of SMC at Achan and Lasjan."
05. Having gone through the contents of the status report so filed by the Corporation as also the series of orders passed by us in this case, coupled with the gravity of the issue involved, we are of the opinion that a mechanism needs to be evolved for having the work done progress, as claimed by the Corporation in their status report, cross checked by appointing a Committee of three Officers comprising of (i) Divisional Commissioner, Kashmir; (ii) Mr PIL No. 361/2011 c/w PIL No. 12/2018 Page 7 of 9 A. H. Naik, the learned Amicus Curiae; and (iii) Deputy Commissioner, Srinagar. We order accordingly.
06. Apart from the above, we also pass the following directions:
I. In view of the submission of Mr Naik, the learned Amicus Curiae, to the effect that the subject of the instant PIL is not only concering the city of Srinagar, but is also a cause of concern in the whole State of Jammu and Kashmir, we, extend the scope of this PIL, initially, to all the Municipalities existing in the Districts of Kashmir. The Divisional Commissioner, Kashmir, who is also a member of the Committee constituted by us hereinabove, shall ensure collection of reports from all the Heads of the Municipalities of the Districts of Kashmir and place the same before the Committee so as to enable the Committee to put forth their views and suggestions, accordingly;
II. With regard to the submission of the learned Amicus Curiae that the authorities in the Corporation, in order to redress the growing dog menace in Srinagar City, are dumping the stray dogs in the peripheries of different areas of Kashmir, other than the Srinagar city, we direct the Committee to express its comments and suggestions in this regard so that the citizens of such areas are also not put to any danger while ensuring safety of the citizens of Srinagar city;
III. All the Officers concerned, be those belonging to the Municipalities of the Districts of Kashmir or those of the Corporation, shall cooperate with the Committee as and when required;
IV. The Committee shall also put forth its comments and suggestions as regards all the issues highlighted by the Corporation in its status report filed in compliance of order of this Court dated 29 th of May, 2019, as reproduced hereinabove;
V. The request of the Corporation with reference to making available some financial support for running the ABCAR shall be expedited by the Government of Jammu & Kashmir and compliance reported before this Court through Mr Dar, the learned Senior Additional Advocate General, by the next date of hearing;
VI. With regard to the submission of Mr Momin Khan, the learned counsel, representing the Corporation, that a considerable number of vehicles have been donated by the Economic Reconstruction Agency (ERA) to the Corporation for ensuring collection of solid waste from different sites of Srinagar city, but because of non-availability of the drivers for these vehicles, which the Corporation cannot afford, the said vehicles PIL No. 361/2011 c/w PIL No. 12/2018 Page 8 of 9 are not being used and that the Corporation has already initiated a process of making a request to the Housing and Urban Development Department in this regard, we direct the Commissioner/ Secretary to Government, Housing and Urban Development Department, that in case a request is made in this behalf by the Corporation, same shall be considered and response submitted thereto by the next date of hearing;
VII. The Corporation shall also respond to the creation of Dog pounds for housing the stray dogs, as suggested by this Court in terms of the earlier directions;
VIII. Registry shall provide copy of complete paper book alongwith all the orders passed in the matter from time to time to Mr Zia Ahmad Shah, who is appointed as Assisting counsel of Mr Naik, learned Amicus Curiae, during the course of this week; and IX. The fee of the learned Assisting counsel of the Amicus Curiae is fixed as Rs.3,000/- per hearing for ensuring filing and other allied work to be paid by the Commissioner/ Secretary to Government, Housing and Urban Development Department;
07. Let the matter come up for consideration on 4th of December, 2019.
08. Copy of this order be provided to all the counsel appearing on behalf of the parties under the seal and signatures of the Bench Secretary of this Court, today itself.
(Rashid Ali Dar) (Ali Mohammad Magrey)
Judge Judge
SRINAGAR
November 4th, 2019
"TAHIR"
PIL No. 361/2011 c/w
PIL No. 12/2018 Page 9 of 9
TAHIR MANZOOR BHAT
2019.11.04 17:10
I attest to the accuracy and
integrity of this document