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Judgment
The issue raised in this application is non-compliance of Solid Waste Management Rules, 2016, Plastic Waste Management Rules, 2016, The E-Waste (Management) Rules, 2016, BioMedical Waste (Management) Rules, 2016, Construction and Demolition Waste Management Rules, 2016, Hazardous Waste (Management and Handling) Rules, 1989, Bio-Medical Waste (Management and Handling) Amendment Rules, 2020 by Jaipur Municipal Corporation.
Contention of the applicant in person is that improper maintenance of waste containers has resulted in widespread littering and the dispersion of waste in the surrounding areas. The dearth of roadside bins and irregular waste collection have culminated in the indiscriminate dumping of waste directly onto the roadside.
The Municipal Corporation has established modern transfer stations and mini dump yards in densely populated areas, which are neither properly covered nor maintained, leading to littering, the generation of leachate, and the open dumping of biomedical waste. Waste is transported in open vehicles without appropriate covering, contributing to environmental pollution and public health nuisance. The mismanagement of the Mathuradaspura and Sewapura dumping sites, where waste is not properly covered, is openly burnt, and is dumped without proper leachate or gas collection systems, is a matter of grave concern. The Refuse-Derived Fuel (RDF) processing facility and the composting facility are grappling with challenges due to the lack of waste segregation at source, leading to machinery failures and reduced efficiency.
A substantial issue of environment has been raised.
Issue notice to the respondents, returnable within four weeks. Respondents are directed to submit their reply within four weeks through E-filing portal, preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
Applicant is directed to take necessary steps for service to the respondents by both ways and also on available email.
We deem it just and proper to call a report on the matter in issue in present Original Application, from a Joint Committee consisting of:-
i. District Collector, Jaipur
ii. One representative from Rajasthan State Pollution Control Board
The Committee is directed to visit the place and submit the factual and action taken report within six weeks. The State PCB will be the nodal agency for coordination and logistic support. The report needs to give details on waste generation, processing, gap existing and remediation of legacy waste. The report may further give compliance with regard to Jaipur in context of directions passed by this Tribunal in OA No. 606/2018 (State of Rajasthan).
Applicant is directed to supply the copy of the application and relevant documents to the Committee and Respondent(s) within a week and after compliance of service, the applicant has to submit an affidavit that the notice and copy of the application have been served upon the Committee and respondent(s).
The report in the matter be filed by the Committee through email at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
The matter relates to State of Rajasthan coming within the jurisdiction of Central Zone Bench, NGT. The matter is transferred to Central Zone Bench, Bhopal.
Thus, the Registry is directed to transfer and transmit the records of this matter to Central Zone Bench, Bhopal where the Registrar shall register the case and place before the Bench for further proceedings according to Rules.
List the matter on 30.10.2023 at Central Zone Bench, Bhopal.
A copy of this order be forwarded to District Collector, Jaipur and Rajasthan State Pollution Control Board by e-mail for compliance.