Rajiv Chekuri vs Panchayat President And Ors

The application is filed for a direction to the respondents not to burn garbage in residential area of Tamil Nadu Housing Board (TNHB)- Sithalapakkam in future and to clear the existing garbage immediately including the scattered waste in entire TNHB locality and adjacent to it.

The applicant, a resident of TNHB, Sithalapakkam would contend that there are 2164 residential plots in Sithalapakkam locality. But there are insufficient number of garbage bins placed by the 1st respondent Panchayat. The garbage is found scattered everywhere on the sides of streets across the locality. This consists of huge quantity of plastic wastes and it is causing environmental pollution. The Village Panchayat has not implemented a proper garbage disposal mechanism as provided under the Municipal Solid Waste Rules. Once in a week or in two weeks once, the Panchayat staff burn the garbage within the residential area, which is causing huge air pollution. The smoke will cause to harm human health. In rainy season, the rain water is stagnant due to blocked storm water drains and it is mixed with the scattered garbage and sewage wastes across all parts of the locality causing water pollution. The storm water drains are blocked. In spite of several complaints, the Village Panchayat has not allocated a particular place as dump yard for solid waste disposal. Reply received from the Block Development Officer (BDO) on application filed under RTI Act reveals that there is no proper sanitation method in the Village Panchayat. The applicant would therefore contend that necessary directions be issued to the respondents.

Respondent No.2 is the Block Development Officer, Respondent No.3 is the District Collector, Respondent No. 5 is the Director of the District Rural Development Agency (DRDA) and Respondent No.6 is the Ministry of Rural Development and Panchayat Raj. As the elected President of the Panchayat is not now in office, the Block Development Officer (BDO) is acting as the Special Officer of the Panchayat who is present in Court when the application was heard. Though respondents appeared and took time to file the reply and sufficient time was already granted, no reply was filed. The parties were therefore heard.

The application was filed at the time when Municipal Solid Waste (Management and Handling) (MSW) Rules, 2000 were in force. By Notification dated 08.04.2016, the MSW Rules, 2000 were superseded by the Solid Waste Management Rules, 2016, where there is a drastic change even in the concept of disposal of the solid waste by the local authorities.

The 2016 Rules specifically define combustible waste, dry waste, dump sites, non-biodegradable waste, solid waste, waste generator, waste picker, vermi composting, leachate, inerts, primary collection, door to door collection. It provides the duties of waste generators, duties and responsibilities of local authorities and Village Panchayats, census towns and urban agglomerations. The waste generator as defined under Rule 3 (56) means and includes every person or group of persons, every residential premises and non residential establishments including Indian Railways, defence establishments, which generate solid waste. The waste picker as defined under Rule 3 (58) means a person or group of persons informally engaged in collection and recovery of reusable and recyclable solid waste from the source of waste generation the streets, bins, material recovery facilities, processing and waste disposal facilities for sale to recyclers directly or through intermediaries to earn their livelihood.

The duties of waste generators as provided under Rule 4, include the duty to segregate and store the waste generated by them in three separate streams bio-degradable, non bio-degradable and domestic hazardous wastes in suitable bins and handover segregated wastes to authorised waste pickers or waste collectors as per the direction or notification by the local authorities from time to time. It mandates that no waste generator shall throw, burn or bury the solid waste generated by him, on streets, open public spaces outside his premises or in the drain or water bodies. All waste generators shall pay such user fee for solid waste management, as specified in the bye-laws of the local bodies. So also, every street vendor shall keep suitable containers for storage of waste generated during the course of his activity such as food waste, disposable plates, cups, cans, wrappers, coconut shells, leftover food, vegetables, fruits etc., and shall deposit such waste at waste storage depot or container or vehicle as notified by the local body. All resident welfare and market associations shall, within one year from the date of notification of the rules and in partnership with the local body ensure segregation of waste at source by the generators as prescribed in these rules, facilitate collection of segregated waste in separate streams, handover recyclable material to either the authorised waste pickers or the authorised recyclers. The bio-degradable waste shall be processed, treated and disposed off through composting or bio-methanation within the premises as far as possible. The residential waste shall be given to the waste collectors or agency as directed by the local body. So also, all hotels and restaurants in partnership with the local body shall ensure segregation of waste at source, as prescribed in the rules, facilitate collection of segregated waste in separate streams, handover recyclable material to either the authorised waste pickers or the authorised recyclers. The bio-degradable waste shall be processed, treated and disposed of through composting or bio-methanation within the premises as far as possible.

Under Rule 15 of 2016 Rules, it is the duty and responsibility of the local authorities and Village Panchayats to prepare a solid waste management plan as per state policy and strategy on solid waste management within six months from the date of notification dated 8th April, 2016, which period is already over. It is their duty to arrange for door to door collection of segregated solid waste from all households including slums and informal settlements, commercial, institutional and other non residential premises. It is also their duty to establish a system to recognise organisations of waste pickers or informal waste collectors and promote and establish a system for integration of these authorised waste-pickers and waste collectors to facilitate their participation in solid waste management including door to door collection of waste and to facilitate formation of Self Help Groups, provide identity cards and thereafter encourage integration in solid waste management including door to door collection of waste. It is their duty to frame bye-laws incorporating the provisions of the rules within one year from the date of notification of these rules and ensure timely implementation. The Panchayat shall direct waste generators not to litter i.e. throw or dispose of any waste such as paper, water bottles, liquor bottles, soft drink cans, tetra packs, fruit peel, wrappers etc., or burn or bury waste on streets, open public spaces, drains, waste bodies and to segregate the waste at source as prescribed under these rules and hand over the segregated waste to authorised waste pickers or waste collectors, authorised by the local body. It is their duty to set up material recovery facilities or secondary storage facilities with sufficient space for sorting of recyclable materials to enable informal or authorised waste pickers and waste collectors to separate recyclables from the waste and provide easy access to waste pickers and recyclers for collection of segregated recyclable waste such as paper, plastic, metal, glass, textile from the source of generation or from material recovery facilities. It is the duty of the Panchayat to establish waste deposition centres for domestic hazardous waste and give direction for waste generators to deposit domestic hazardous wastes at the centre for its safe disposal. If the provisions of the Solid Waste Management Rules, 2016 are properly implemented, the grievance of the applicant would definitely be sorted out.

According to the learned counsel appearing for the respondents, the BDO has instructed all the Village Panchayats not to burn the garbage by his letter dated 28.06.2016 and by letter dated 22.11.2016 specifically instructed Sithalapakkam Panchayat Secretary to stop burning of garbage immediately.

By our order dated 15.11.2016, the Sithapakkam Panchayat has already been directed not to burn any solid waste. In law, the solid waste cannot be burnt either by the local authority or by the waste generators or the waste pickers.

As the respondents have not prepared the solid waste management plan as provided under the Solid Waste Management Rules, 2016, we issue the following directions:

(1) Respondent No.1, Sithlapakkam Panchayat is restrained from burning the solid waste either at the streets or at any other place. They shall dispose the solid waste only as provided under the Solid Waste Management Rules, 2016.

(2) The respondents are directed to immediately prepare a solid waste management plan as per state policy and strategy on solid waste management, as provided under Rule 15 of Solid Waste Management Rules, 2016, if not yet prepared, the respondents are directed to dispose the solid waste generated in the Sithapakkam Panchayat only in accordance with the Solid Waste Management Rules, 2016.

The Original Application is disposed of accordingly with no order as to costs.