Rajinder Singh vs State of J&K and others

On the previous occasion, that is on 20.12.2017, this Court had given several directions pertaining to (a) the stoppage of dumping of solid waste at the site near the Jammu Airport and development of the sanitary land fill site at Kot Bhalwal, in terms of the Solid Waste Management Rules, 2016; (b) the preparation of the e-Waste management plan; (c) drawing up an action plan with regard to bio-medical waste; and (d) for indicating the alternatives to land fill sites for disposal/utilization of the solid waste, such as, waste-to-energy plants, recycling plants etc..

Insofar as the first direction is concerned with regard to the land fill site near the Jammu Airport, we are informed by Mr Nanda, appearing on behalf of the Jammu Municipal Corporation, that dumping at that site had been stopped and the site at Kot Bhalwal is being used. We are also informed that the Pollution Control Board has designated two Scientists to assist the Jammu Municipal Corporation for Bio-remediation of the site near the Airport which was hitherto being used as a dumping site. Dr. Yash Pal, Scientist Laboratory (Air and Water), Jammu is present. He has indicated that the process of Bio-remediation would take at least three months. He has indicated that after the said process, the non-bio-degradable plastics may be picked up for recycling and other disposal methods. We hope that this process is carried out expeditiously and in right earnest so that the waste which had been dumped near the Airport over all these years is consumed by the process of bio-remediation. A status report be filed with regard to the further progress before the next date of hearing.

Insofar as e-waste management is concerned, a Committee has been constituted by virtue of Government Order No. 41-HUD of 2018 dated 05.02.2018 for formulation of an appropriate action plan for e-waste management at Jammu. The Committee comprises of the Commissioner, Jammu Municipal Corporation (Chairman) and three members - Additional Deputy Commissioner, Jammu; Scientist A, representative of the State Pollution Control Board; and an expert who is specialized in the management of e-Waste to be co-opted by the Committee. By virtue of the said Government order, the Committee is required to submit its report within a period of two months, that is, by 5th of April, 2018.

With regard to Bio-Medical Waste, the Bio-Medical Waste Management Rules, 2016 have already been published. As per Rule 4, certain duties have been cast on every "Occupier", which expression has been defined in Rule 3(m) of the said Rules and includes Hospitals, Nursing Homes, Clinics, Pathological Labs, Blood Banks etc. We require the Commissioner-Secretary, Health and Medical Education Department to file an affidavit indicating whether the duties which have been cast on the said "Occupiers" are being discharged by them. The said information be furnished in a Tabular form also. Furthermore, we note that Rule 9 stipulates that the prescribed authority for implementation of the provisions of the said Rules shall be the State Pollution Control Board. Consequently, the State Pollution Control Board shall file an affidavit, indicating the level of implementation of the provisions of the said Rules within the State of Jammu and Kashmir and also indicate what action they have taken in respect of non-implementation of the said Rules. We would also like to highlight Rule 8 which deals specifically with segregation, packaging, transportation and storage of the bio-medical waste. The State Pollution Control Board as also the Commissioner-Secretary, Health and Medical Education Department shall, in their affidavits, indicate specifically as to whether these prescriptions under the said Rule 8 are being followed in the various medical facilities, which fall within the definition of "occupier".

The Union of India, which is represented by Mrs Sindhu Sharma, ASGI, shall also file an affidavit with regard to the monitoring of implementation of the Rules in terms of Rule 12 of the said Rules with specific reference to the State of Jammu and Kashmir.

Re-notify on 09.03.2018.

Copies of this order be given Dasti to the learned counsel appearing for the respondents.