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1 - 10 of 14 (2.90 seconds)Paryavaran Suraksha Samiti & Anr vs Union Of India & Ors on 22 February, 2017
35. As already noted and also observed in the judgement of the Hon'ble
Supreme Court in Paryavaran Surakhsha, supra, quoted earlier, the
matter falls in 11th and 12th Schedules to the Constitution. It is
constitutional responsibility of the State and the Local Bodies to provide
pollution free environment and to arrange necessary funds from
contributors or others. Being part of right to life, which is also basic
human right and absolute liability of the State, lack of funds or other
resources such as land (sites for waste management) cannot be plea to
deny such right. Such resources have to be found by the State by its
policies and according due priority to the subject. Further, while there
may be no objection to any central funds being availed, the State cannot
avoid its responsibility or delay its discharge on that pretext. Freeship or
other policies involving State resources cannot take priority over basic
need for hygiene and pollution free environment.
Almitra H. Patel And Anr. Petitioners vs Union Of India And Ors. .. Respondents on 15 February, 2000
In view of above, continued failure of Rule of Law must
be remedied in terms of mandate of orders of the Hon'ble
Supreme Court in Writ Petition No. 888/1996, Almitra H. Patel
Vs. Union of India &Ors. and Paryavaran Suraksha vs. Union
of India,6followed by orders of this Tribunal. It is necessary
that Chief Secretaries continue the monitoring and interact
with this Tribunal periodically by video conferencing.
Accordingly, we lay down following further schedule for
personal appearance of the Chief Secretaries, by Video
Conferencing, with the status of compliance in respect of each
of the States/UTs on the subject of Solid Waste Management
and Sewage Management. The data to be furnished should
cover all categories of areas in the State - big cities, towns
and villages.