Uttarakhand High Court
WPPIL/93/2022 on 20 March, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
SRI JUSTICE VIPIN SANGHI, C.J.
AND
SRI JUSTICE MANOJ KUMAR TIWARI, J.
20TH MARCH, 2023
WRIT PETITION (PIL) NO. 93 OF 2022
Between:
Jitendra Yadav ........Petitioner.
and
Secretary,
Union of India and others. ....Respondents
Counsel for the petitioner : Mr. Dushyant Mainali.
Counsel for the respondents : Mr. S.N. Babulkar, learned Advocate
General with Mr. S.S. Chauhan,
learned Deputy Advocate General and
Mr. C.S. Rawat, learned Chief Standing
Counsel for the State of Uttarakhand.
Mr. Lalit Sharma, learned Standing
Counsel for the Union of India.
Mr. Aman Rab, learned counsel for
respondent No. 3.
Mr. Rajeev Bhatt, learned counsel for
respondent No. 5.
Mr. Aditya Pratap Singh, learned
counsel for respondent No. 6.
Mr. Ashish Joshi, learned counsel for
Nagar Palika Parishad, Haldwani.
Upon hearing the learned Counsel, the Court made the
following
ORDER :(per Sri Vipin Sanghi, C.J.) In terms of our order dated 20.02.2023, the Secretary, Panchayati Raj-Shri Nitesh Kumar Jha; Secretary, Department of Forest & Environment-Shri Vijay Kumar Yadav; Secretary, Urban Development-Shri Dipendra Kumar Chaudhary; Director, Urban Development-Shri Navneet Pande; Joint Secretary, Panchayati Raj-Shri Dhruv Rana; and Member Secretary, State Pollution Control Board-Shri Sushanta Kumar Pattnaik, are present. Each one of them has addressed us and informed us what steps are being taken by their respective Departments to deal with the situation of solid waste management, particularly plastic waste management.
2. We are informed that the Central Pollution Control Board has replaced the responsibilities contained in Rule 9 of the Plastic Waste Management Rules, 2016, as amended, with a system, wherein the PIBOs are required to obtain EPR Credit Certificates from Plastic Waste Processors. Such EPR Credit Certificates are then verified. Under the new regime, the obligation for collection of plastic waste lies with the Authorities, i.e. the Municipalities and Urban Development Bodies. We are further informed that in terms of our earlier order, symposiums have been held and State Level Management Committee (SLMC) meetings have been held. A workshop was also held on plastic waste management in Uttarakhand on 17th February, 2023, and valedictory function was also addressed by Hon'ble the Chief Minister.
3. It is, therefore, submitted that the State has prioritized task of dealing with plastic waste-which is generated and spread in the State.
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4. We are also informed that plastic waste compactors are being installed in the State, and as in January, 2023, seventy plastic waste compactors have been installed in Urban areas, and sixty in rural areas covered by Panchayati Raj. In respect of ninety-two Urban Local Bodies, User Charges Bye-laws have been framed.
5. So far as our direction with regard to making available the Sajra plans to Van Panchayats is concerned, we are informed that in respect of 10,295 Van Panchayats, Sajra plans have been uploaded out of 11,396 Van Panchayats in the State. The Sajra plans are not presently available in respect of the remaining Van Panchayats for which efforts are being made to procure the same from Archives, District Headquarters, Headquarters, etc. We direct that all endeavour should be made to procure the Sajra plans of the remaining Van Panchayats area within the next six weeks, from whatever sources they may be available.
6. We are also informed that there is a huge shortage of Officers and sanitation workers. Presently, the working strength of the Executive Officer is 21% and that of the sanitation workers is 27% amongst the Executive Officers and the sanitation workers who are involved in the process of managing solid waste. We are also informed that 3 the process of recruitment is under way and the vacancies are likely to be filled in the near future.
7. Two examples of Shivalik Nagar of Haridwar Municipal Corporation and Nathuwa Wala of Dehradun Municipal Corporation have been cited where segregation of waste at the source has been undertaken successfully, with the result that the plastic solid waste, which has to be dealt with, has been reduced from 9 metric tonnes to 1.5 metric tonne in the case of Shivalik Nagar. Similar is the story with regard to the Nathuwa Wala Board.
8. Mr. Mainali has brought to our notice several documents. He should place the same on record along with a Supplementary Affidavit within a week, with copies to learned counsel for other respondents. Firstly, he has drawn our attention to the guidelines for assessment of environment compensation (EC) to be levied for violation of Plastic Waste Management Rules, 2016. These guidelines have been issued by the Central Pollution Control Board in September, 2022.
9. Para 9.2 of Schedule II notified through amendments to Plastic Waste Management Rules dated 16.02.2022, enables the Central Pollution Control Board to lay down guidelines for imposition and collection of environment compensation (EC) on Producers, Importers & 4 Brand-Owners, recyclers and end of life processors, in case of nonfulfillment of obligations set out in guidelines.
10. These guidelines also provide the modalities for expenditure of the Environment Compensation Fund.
11. We direct the State Pollution Control Board to act in terms of the said guidelines.
12. The State Pollution Control Board shall file an affidavit within four weeks disclosing the steps it has taken for compliance of the said guidelines.
13. Mr. Mainali has also placed before us the directions issued by the Central Pollution Control Board under Section 5 of the Environment (Protection) Act, 1986 for implementation of ban on Single Use Plastic (SUP) dated 01.03.2023, addressed to the Principal Secretaries of Urban Development Department of all the States. The directions issued by the Central Pollution Control Board in this communication are as follows:-
"1. To conduct SUP ban enforcement drive jointly with State UDD as per the SOP prepared by CPCB for four days a month during the period March- August, 2023 The schedule of inspection is to be finalized by the concerned SPCB/PCC in consultation with State UDD and is to be completed by 25th of every month. The Police force may be deployed during the inspection drive as per requirement.
2. To conduct the inspections with focus on street vendors, local shops, wholesale markets, interstate borders, industries, bus depots, railway stations, airports etc. 5
3. To register all the concerned field officers (SPCB/PCC/State UDD) on SUP Compliance monitoring portal.
4. To conduct the inspections through Field inspection app and file the inspection report on the SUP compliance monitoring portal. Violations & details of action taken w.r.t Commercial establishment shall be reported by State UDD and violation & details of action taken w.r.t industries shall be reported by the SPCB/PCC.
5. To include information w.r.t supplier of SUP items (for, commercial users), plastic raw material suppliers (for banned SUP producers) and SUP producers (for plastic waste recyclers making granules) in the inspection report.
6. To provide details w.r.t action taken against the defaulters (Seizure/challan/ fine levied/ cancellation of permission granted for Commercial entities & Seizure/ Show Cause Notice/ Closure/ environmental compensation levied in case of banned SUP producers).
7. To validate the auto generated reports and submit the report by last working day of every month."
14. Action was to be taken in terms of the said directions and reported before 30th of every month till August, 2023.
15. We direct the Director, Urban Development to file an affidavit placing before us the gist of the reports that may have been submitted with regard to the action taken in terms of the said communication till now.
16. Mr. Mainali has also placed before the Court Notice dated 21st February, 2023 issued by the Central Pollution Control Board on the subject 'provisions of transaction (sales/procurement) details related to plastic packaging by PIBOs on Centralized Extended Producer 6 Responsibility (EPR) Portal for Plastic Packaging'. The said notice reads as follows:-
"MoEF&CC notified EPR Guidelines on Plastic Packaging on February 16, 2022 vide fourth Amendment to PWM Rules, 2016. CPCB has developed the Centralized EPR Portal in accordance with provisions of notified EPR Guidelines.
The registered PIBOS are required to provide transaction (sale /procurement) details related to plastic packaging as per the proforma provided on the EPR portal. The Module to facilitate provision of transaction details on the EPR Portal was launched on November 19, 2022. Subsequently training was imparted to the registered PIBOS on the subject by CPCB. Further, CPCB, vide Directions dated December 21, 2022, directed PIBOS to upload GST e-invoice of all transactions (sale /purchase) related to plastic packaging and plastic waste on the EPR Portal.
However, it is observed that several registered PIBOS have not updated the transaction details (procurement & sales) & GST E-invoice on the EPR portal which is in violation of provisions of PWM Rules 2016 (as amended).
This notice is being issued to inform all the registered PIBOs to update Procurement & Sales transactions details (as applicable) & upload GST E- invoice as per the prescribed proforma on EPR portal within fifteen days of issue of this Notice. Standard Operating Procedure & Guidance manual uploaded on EPR Portal may be referred for the purpose. Action, as deemed fit under the Environment (Protection Act), 1986, including levying of Environmental Compensation and closure of operations, shall be taken against defaulters."
17. From the above, it would be seen that the Central Pollution Control Board has granted 15 days to PIBOs to upload GST E-invoice as per the prescribed proforma on EPR Portal. It also states that action, as deemed fit under the 7 Environment (Protection) Act, 1986, including levying of Environmental Compensation and closure of operations, shall be taken against defaulters.
18. We direct the State Pollution Control Board to act in terms of the said notice, since the period of fifteen days granted by the said notice has already expired. The affidavit to be filed by the State Pollution Control Board shall provide the status in this regard with all facts and figures.
19. Mr. Mainali has also placed before us another Communication dated 10.03.2023 issued by the Central Pollution Control Board, which contains direction under Section 5 of the Environment (Protection) Act, 1986 to the State Pollution Control Boards / Pollution Control Committees in the Union Territories. These directions have been issued in relation to the plastic waste processors (PWPs), and required taking of the following actions by the State Pollution Control Board:-
"1. To complete the physical verification of all registered PWPs in your jurisdiction by March 15, 2023, so that PWPs shall issue EPR certificates to PIBOs for fulfilment of their EPR targets within the stipulated time frame.
You are hereby directed to take necessary action for compliance of aforesaid Directions and submit Action taken Report to this office within 10 days of issue of this Direction."
20. Mr. Singh, on instructions, states that the State Pollution Control Board has already complied with the said direction. The affidavit to be filed by the State Pollution 8 Control Board should also disclose as to what compliance has been made of the directions contained in the Communication of the Central Pollution Control Board dated 10.03.2023.
21. In respect of the aspects noted by us in Paragraph Nos. 5 to 7 of our order dated 20.02.2023, Mr. Mainali has drawn our attention to the report prepared by the Secretary, District Legal Service Authority, Almora upon local inspection of the three villages in question with regard to the compliance of the provisions of Section 6 of the Uttarakhand Plastic and Other Non-Biodegradable Garbage (Regulation of Use and Disposal) Act, 2013. The said report shows that, on the ground, there is non-compliance of the provisions of Section 6 of the aforesaid Act in the said three villages.
22. It appears to us that the format of the affidavit provided by the Director, Panchayati Raj for being sworn by the Village Pradhan was not happily worded, which is what has led the Gram Pradhans of the said three villages, namely, Melta, Panergaon and Dhanyari in District Almora not to swear the affidavits.
23. The Director, Panchayati Raj, states that the data with regard to the compliance of Section 6 of the aforesaid Act has been collected from all the villages and it has been compiled.
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24. The Director, Panchayati Raj, shall file an affidavit placing before this Court the compiled data in a tabular form disclosing the status of the compliance of Section 6 of the Uttarakhand Plastic and Other Non-Biodegradable Garbage (Regulation of Use and Disposal) Act, 2013 in all the Gram Panchayats of the State.
25. We are also informed that the Joint Secretary, as well as the Director Panchayati Raj, have already filed their affidavits disclosing the status of the compliance of Section 6 of the aforesaid Act.
26. Mr. Mainali may examine the same and advance his submissions on the said aspect on the next date.
27. From the report prepared by the Secretary, District Legal Service Authority, Almora in respect of the aforesaid three villages, it appears that the Pradhans of the said three villages have stated that there is no mechanism for disposal of plastic waste which is being collected in the said three villages.
28. We direct the Director, Panchayati Raj to look into the said issue in relation to the aforesaid three villages, and other villages as well wherever such facilities are not available, and make arrangement for transportation of the plastic waste, which is collected in the receptacles set-up in the villages to the place of their processing / dumping in the same Block. He shall file his affidavit before the next date 10 disclosing what steps have been taken, with complete details and particulars of the villages, where such facilities have been provided as well as villages where such facilities are not presently available.
29. During the course of his submission, Mr. Mainali has pointed out that Pradhans of some of the villages have reported that they are not in a position to set-up facilities of plastic waste management due to the fact that the land of the village panchayats have been encroached upon, and despite representations made to the State, no action has been taken.
30. Though encroachment of Panchayat's property may lead to obstruction in the management of plastic waste, we are of the view that the issue of encroachment on public land belonging to Panchayats should be dealt with in a separate and independent proceedings, so as to keep focus of the present proceedings to solid waste management, and particularly the plastic waste management.
31. Let Mr. Mainali go through the record, and compile the information with regard to the villages which have made similar complaints about encroachment on the land belonging to panchayats. The said information, as compiled, may be shared with the Court-Master within four weeks. Once the information is shared, this Court will consider as to what further steps are required to be taken in that regard. 11
32. The personal presence of the officers-who are present today is dispensed with till further orders.
33. During all future hearings of the present case, a responsible officer of the State Level Monitoring Committee shall remain present, virtually.
34. List on 19.05.2023.
11. We ________________ VIPIN SANGHI, C.J.
____________________ MANOJ KUMAR TIWARI, J.
Dt: 20th March, 2023 Rathour 12