Supreme Court stays constructions activities in States, UTs without Solid Waste Management Policy

The Supreme Court has stayed construction activities in States and Union Territories without a Solid Waste Management Policy..The Bench of Justices Madan Lokur and S Abdul Nazeer noted in its order that the attitude of the States in not framing a policy is “pathetic to say the least”..“In case the States have the interest of the people in mind and cleanliness and sanitation, they should frame a Policy in terms of the Solid Waste Management Rules so that the States remain clean..The attitude of the States/Union Territories in not yet framing a Policy even after two years is pathetic, to say the least.”.Costs of Rs. 5 lakh was imposed on the State of Andhra Pradesh. This, after the Court noted that the counsel for the State was not present for the hearing. ‘.Similarly, costs of Rs. 3 lakh was imposed on the States of Madhya Pradesh, Maharashtra, Odisha and Uttarakhand, and on the Union Territory of Chandigarh..The Court also stayed construction in the States and Union Territories until the Policy is framed..“Further constructions in the States/Union Territories are stayed until the Policy is framed.”.The order was passed in suo motu writ petition taken up by the Supreme Court in view of the death of a child due to Dengue. In a 2017 hearing in the case, the Directorate General of Health Services had submitted an affidavit stating that Dengue and other vector-borne diseases are widespread through the country due to an absence of solid waste management..Accordingly, the Court decided to limit the petition only to the issue of solid waste management. Senior Advocate Colin Gonsalves was appointed Amicus Curiae in the matter. Gonsalves, in an earlier hearing, brought to the notice of the Court the Solid Waste Management Rules, 2016. Rule 23 of the Rules requires the setting up of a State Level Advisory Body (SLAB)..Over the course of the hearings, the Court noted that SLABs were not constituted in many states. As of March this year, SLABs were constituted only in 20 out of 36 States and Union Territories. By an order dated March 27, state governments and administrations of UTs were directed to prepare a Solid Waste Management Policy within three months in terms of Rules 11 and 15 of the 2016 Rules..When the matter was taken up on July 10, the Court lamented the fact that more than two-thirds of the States and UTs failed to comply with the orders passed by the Court. The Bench then noted,.“This is not only a tragic state of affairs but a shocking state of affairs particularly, since solid waste management is a huge problem in this country.”.Therefore, it decided to impose costs of Rs 1 lakh on the States of Bihar, Chhattisgarh, Goa, Himachal Pradesh, Jammu & Kashmir, Karnataka, Kerala, Meghalaya, Punjab and West Bengal, and on the Union Territories of Lakshadweep and Puducherry..In subsequent hearings, the Court turned its attention to solid waste management in Delhi. Justice Lokur had asked in Court,.“There is a mountain load of garbage in Delhi, particularly in Bhalswa, Okhla, and Ghazipur..We would like to know who is responsible for clearing the garbage – those answerable to the Lt. Governor or those answerable to the Chief Minister?”.The matter will next come up for hearing on October 9..Read the order:

Supreme Court stays constructions activities in States, UTs without Solid Waste Management Policy

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