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Judgment
,,
S.S. SHINDE, J",,
This Petition is filed with the following prayers :Â,,
“A. To direct to permit inspection of all records available with the respondent No.7 corporation as regards to the arrangements made, expenses incurred and sanitary and hygienic problems posed by improper disposal of solid waste by the",,
Aurangabad Municipal Corporation, by issuing a writ of mandamus or any other appropriate writ, order or direction as the case may be;",,
C. To direct the respondents to ensure that no new solid, dry or wet waste is permitted to be dumped for disposal on the land situate at Gut No.78 and 79 village Mandki, by issuing a writ, order or direction as the case may be;",,
D. To set up a team of experts from a reputed technology institute for rendering scientific assistance with regard to removal of the waste dump and restoration of the land situate at Gut No. 78 and 79 village Mandki to habitable characteristics.,,
E. To direct the respondents to take necessary measures after consultation with bioÂtech and scientific agencies including Maharashtra Pollution Control Board to reverse the environment impact caused to the land situate at Gut No.78 and 79,,
villave Mandki and its adjoining area due to the dumping.,,
F. To direct an inquiry to fix responsibility and institute criminal proceeding for offences committed under the IPC, Bombay Provincial Municipal Corporation Act, 1949 as also the Aircraft Act, 1934 against responsible officers of the",,
Aurangabad Municipal Corporation and State Government and also for flagrant violation of the statutory obligations, by issuing a writ of mandamus or any other writ of the like nature;",,
G. To direct the Municipal Corporation to send proposal of alternative site for Solid Waste Disposal in accordance with the provisions of several statutes and rules framed thereunder to concerned departments within a period of four weeks,",,
and further direct the respondent No.1 to ensure that new site for disposal of wastes is searched and selected, necessary land and grants for processing and treatment of waste generation within Aurangabad Municipal area are made available",,
within a time bound schedule, by issuing a writ of mandamus or any other writ of the like nature;",,
I. To direct the Municipal Corporation to ensure implementation of the guidelines issued by the Hon'ble Supreme Court and this Hon'ble High Court as well as Rules of 2016 with regard to segregation of waste by evolving a strict policy of,,
monitoring and imposing penalty against wrongdoers.,,
K. Direct the respondents to grant free full body medical checkup to all residents of the 5 villages based on the gram panchayat voting list and grant compensation commensurate to the illeffects to their health, by issuing a writ of mandamus.Â",,
L. Direct the respondent No.7 to provide clean drinking water to the villages of Pokhri, Mandki, Mahalpimpri, Gopalpur and Palsi from the AMC pipe line passing through these, by issuing a writ of mandamus or any other necessary order, writ,",,
direction as the case may be. Â Â Â Â,,
It is stated by the Petitioners in the Petition that they are residents of addresses mentioned in the title cause. They are representing thousands of villagers of Petitioner Gram Panchayats against the illegalities committed by Aurangabad,,
Municipal Corporation (for short ""AMC"") in dumping solid waste without processing and treating, at the land bearing Gut Nos. 78 and 79 situate at village Mandki. The Petitioners are acting as pro bono publico. It is also stated that the",,
Petitioner Nos.1 to 5 are the office bearers of the Gram Panchayat of villages of Mandki, Gopalpur, Pakhri and Mahalpimpri and Petitioner Nos.6 to 10 are reputed persons and social workers residing at the villages adjoining the land bearing",,
Gut Nos.78 and 79 which is used as dumping ground for solid waste generated in AMC limits. None of the Petitioners have any criminal antecedents.,,
It is submitted that the Petitioners have made several representations to the Respondent authorities for redressal of their grievances in last 35 to 40 years, however, the Respondent authorities and in particular Respondent No.7 have utterly",,
failed to redress their grievances and therefore this Petition is filed.,,
The brief facts leading to file the Petition, in brief, are as under :Â",,
(A) The entire area of the AMC is 138 sq. km. which is divided in 8 zones and 83 wards. Aurangabad is one of the largest growing cities in the State in as much as the population has nearly doubled from 1991 to 2001 and from 2001 to 2011 as,,
is evident from the census report. The development in industries in pharmaceuticals, auto, spare parts etc as well as the urban migration has led to a troubling increase in the solid waste generation in the city.",,
(B) At present the daily solid waste generation is nearly 400 MT out of which 160 MT is domestic waste whereas the rest is commercial and industrially generated. Nearly 61% of this waste is bioÂdegradable whereas the rest is either,,
construction material, metal, plastic or glass. These details of the current solid waste generation of Aurangabad Municipal region are evident from the statistics maintained and recorded in a proforma by the National Solid Waste Association of",,
India (NSWAI) as well as a research paper published in 2016 issue of IOSR Journal of Mechanical and Civil Engineering (IOSRÂJMCE).,,
(C) Proper solid waste disposal in compliance with the Solid Waste Management Rules, 2016 or Municipal Solid Wastes (Management and Handling) rules, 2000 is not carried out by the AMC whereas the entire waste is only being dumped",,
for decades together in a dumpyard situate at Gut No.78 and 79 of the village Mandki which is Government Gairan land at stone throw away from the habitation of villages of Mandki, Gopalpur, Pakra, Mahalpimpri and Palashi.",,
(D) Prior to 1980's the entire solid waste of the municipal region of Aurangabad was dumped at a site at City Naka behind Mahatma Gandhi Mission College. However, after 1980Â81, the planning authority shifted the dumpyard to Gut No.4",,
in village Naregaon which was then outside the municipal limits of Aurangabad. In less than 2 years, when the Municipal Council was transformed into a Corporation subsuming within it many suburban areas, the gram panchayat of Naregaon",,
was also subsumed in the Aurangabad Municipal Corporation. Immediately thereafter, a decision was taken to shift the dumpyard few kilometers away from the then site at Gut No.4, village Naregaon to take it beyond the city limits of AMC.",,
It was then that the 50 acre Government gairan land situate at Gut No.78 and 79 in Mandki village was targeted by the AMC for dumping the entire waste of the city.,,
(E) It has been more than 35 years since the entire waste generated in the municipal limits of the AMC is merely collected by the AMC and dumped at the 50 acres land situate at Gut No.78 and 79 in village Mandki.,,
(F) The Rules of 2000 as well as Rules of 2016 mandate that the disposal of solid waste has to involve various stages of collection, segregation, processing and treatment to ensure limited impact on environment. It is mandatory for the planning",,
authority to get a site identified and approved from the Ministry of Environment and Ministry of Urban Development Department after clearance from the Maharashtra Pollution Control Board to use a site as Solid Waste LandÂfill (SWL) or,,
as Solid waste treatment plant.,,
(G) Public Interest Litigation No. 152/2016 was filed seeking shifting of the dumpÂyard from Naregaon to another site, the Regional Officer of the Maharashtra Pollution Control Board (MPCB), submitted his affidavitÂinÂreply to this Court",,
stating that the Municipal Commissioner, Aurangabad Municipal Corporation has not obtained necessary authorization from the board and also not provided any facility for Municipal Solid Waste Management (and handling) Rules, 2000.",,
(H) The 73rd and 74th amendment to the Constitution of India introduced a system of local self governance and led to decentralisation of power and trickling down of decision making to the people and their direct representatives. Thus it is,,
under the constitutional scheme of selfgovernance and decentralisation of power that institutions such as the Gram Panchayat were constituted and empowered to collect taxes and take representative decisions for the people living in the area,,
of the local body.,,
(I) The land situate at Gut No. 78 and 79 of the village Mandki is within the gram panchayat area of Mandki village and the same is gairan land to be used for grazing of milking animals and livestock of the villagers of Mandki. However, the",,
same is being illegally used as dumpÂyard for solid waste generated within the AMC limits, that too without obtaining necessary noÂobjection from the Gram Panchayat.",,
(J) The present dumpÂyard is less than 4 kms from the Aurangabad Airport which has daily 3Â4 flights. The Airport Authority of India Act, 1994, the Aircraft Act, 1934 and Aircraft Rules 1937 mandate that the solid waste shall not be",,
accumulated in vicinity of the Airport so as to prevent hovering of vultures and other scavenging birds or smog from the burning of waste leading to flight accidents. Under section 10 (1A) of the Aircraft Act 1934 contravention of Rule 81ÂB,,
of the Aircraft Rules 1937 is punishable offence. A notice in that regard had been issued by the Airport Authority of India on 11.01.1997 and published in Times of India.,,
(K) Thus it is clear that the AMC is illegally dumping entire solid waste generated in the Aurangabad municipal limits in the 50 Acre site near village Mandki and Gopalpur, without necessary approvals under the law.",,
The Submissions made by the learned counsel appearing for the Petitioner, can be stated as follows:",,
(a) The dumping of the solid waste for decades together without any processing or treatment in a residential area not even a stone throw away from thick habitation of nearby villages, has already poses fatal health hazards to the villagers.",,
(b) For more than 40 years the solid waste including industrial and hospital/medical waste is being dumped in the land adjoining the villages of the petitioner gram panchayats and piled up in garbage mountains 70Â80 ft height running into 15,,
kms of stretch. The garbage being stagnant for decades together has become like sedimentary rocks and is constantly put ablaze when new waste is dumped. So the monstrously large garbage mountains are set ablaze to emit poisonous fumes,,
and fugitive gases. So also, the large amount of waste filled in the land by digging out 10 acres of pits in plastic has caused severe contamination of water leading to serious water borne diseases.",,
(c) Constant contact with contaminated air and water has led to serious health issues to all villagers residing in the petitioner gram panchayats including weak lungs and liver. Not only that but it is also leading to birth of deformed and,,
malnourished and illÂimmunized children raising the child mortality ratio.,,
(d) The serious ill effects of the constant exposure to contaminated air and water has medically changed the hormonal and blood constitution of the villagers in the petitioner gram panchayats and is bound to have an illÂeffect on their future,,
generations as well.,,
(e) Such illegal action by the AMC is the brutalest violation of human rights of the class of people who do not have a strong voice and a grave pity to our democratic governance.,,
(f) The petitioners have been fighting this situation and standing up against the illegalities committed by the AMC for more than 30 years now, however, in vain.",,
(g) The petitioners have made several representations, conducted meetings with political leaders, government officials and AMC personnel, and undertaken protests, however, to no avail.",,
(h) Few of the petitioners have been personally involved in the movement since last 25 years in which they have made it a purpose of their life to stop the brutalities in trampling the survival needs of the villagers and their future generations by,,
accumulating thousands of tonnes of solid waste emitting fugitive gas fumes and contaminating the groundÂwater leading to deformed and malnourished children and causing fatal health hazards to the villagers.,,
(i) A mass scale protest was conducted by the villagers of the petitioner gram panchayats nearly 25 years earlier, when it was assured that immediate action will be taken by the AMC to initiate a processing and treatment plant at the writ land.",,
The said initiative was allotted to one Satyam Fertilizer Company run by one Satyanarayan Chandak which constructed a treatment plant at the site to reÂuse the bioÂdegradable waste. However, it was a hoax only to grab the subsidy made",,
available by the Central Government and the same was closed down in less than 2 years time.,,
(j) Thereafter again in the year 2010Â11, the AMC had spent nearly INR 10 Cr to undertake land filling at the writ land wherein 2 large pits of 5 acre each were dug out and most of the waste was filled under the ground in plastic. The work",,
was undertaken by the Mule builders and no procedure for landfilling including segregation and processing was followed rather the entire waste was mechanically dumped under the ground further affecting the contamination levels of the,,
groundwater and soil.,,
(k) In 2013 another mass protest was undertaken by the villagers wherein the Municipal Corporation had assured that the waste is going to be shifted to an alternate site and the same is at the last stage of finalization.,,
(l) In October 2017, the villagers of petitioner gram panchayats had come together and blocked the trucks and tractors with solid waste from dumping it in the writ land. This protest and blocking continued for 3 days after which a settlement",,
was reached wherein the AMC had assured that it would shift the dumpyard to alternate site within a period of 3 months. When the same was not completed even after a period of 3 months, the villagers have restarted the protest and blocked",,
the trucks and tractors from dumping the solid waste at writ land since 16.02.2018. Since the last 10 days, the entire solid waste from the municipal limits of Aurangabad is being stored at several places in the city and not dumped in the land",,
situated at Gut No. 78 and 79 at village Mandki. It is owing to this situation that a petition was filed by one Rahul Kulkarni seeking direction from this High Court that the waste shall be dumped at ‘appropriate place’.Â,,
(m) There is immense pressure on the AMC to remove the waste from the city limits and it does not have an alternate site to be used as dumpyard, thus the AMC is creating untellable pressure on the petitioners to withdraw its protest and",,
allow continuation of dumping of solid wastes at land bearing Gut No. 78 and 79 in village Mandki, so much so that the Petitioners were threatened by the SubÂDivisional Magistrate to withdraw the protest or suffer serious consequences",,
including physical danger to their lives. A complaint detailing the horrifying account of a Government official meting out threats to the Petitioners was made to the Police Station InÂcharge, Chikalthana Aurangabad on 02.02.2018.",,
(n) Not only the present generations of the villagers residing in the 4 gram panchayats adjoining the land bearing Gut No. 78 and 79 situate at Mandki are suffering from the serious health ailments owing to constant exposure to contaminated,,
air and water, but their future generations may be affected owing to passing of genetic defects and has increased child mortality rates in the region.",,
(o) The intentional pollution of clean environment of villages for selfish and myopic purpose of dumping solid waste generated by the domestic, industrial, commercial, hospital and construction activities within AMC limits without taking",,
adequate case to establish processing and treatment plants to dispose the waste in accordance with the Rules and directions of Hon’ble Supreme Court and High Court of Bombay in several cases touching the subjectÂmatter, is nothing",,
but the most brutal violation of human rights and a shame for Indian democracy and governance.,,
(p) The Petitioners are agitating flagrant and intentional violation of their right to life by being pushed into constant exposure to severely contaminated air, water and soil guaranteed by the Constitution under Article 21.",,
(q) Similarly, the AMC and the State and Union have shirked away their constitutional and statutory obligations by continuing illegal dumping of solid waste without necessary treatment and violated Art. 47, 48ÂA, 51ÂA(g) of the Constitution,",,
Chapter XVIII of the Bombay Provincial Municipal Corporation Act, 1949 and section 10(1A) of the Aircraft Act, 1934 and Rule 81ÂB of the Aircraft Rules, 1937.",,
(r) For the last 33 years the solid Municipal waste from the entire Aurangabad Municipal Corporation Region was being dumped in mixed condition at the site, which had been proposed to be used as a composting site, and was outside the",,
Corporation limits in village Mandki. The Aurangabad Municipal Corporation could not have used the said site outside its limits and within the limits of village Mandki without the prior sanction of the Gram Panchayat.,,
(s) The State of Maharashtra as well as the Aurangabad Municipal Corporation has vehemently contended that 50 Acres land in village Mandki is owned by the Aurangabad Municipal Corporation. However, 7/12 extract annexed with the",,
Petition suggests that the lands are Government Gairan lands. The Government Resolution dated 12.07.2011 mandates that prior to any allocation of the Government Gairan land, there shall be a Resolution of the Gram Panchayat or Gram",,
Sabha.Â,,
(t) A copy of the Government Resolution dated 12.07.2011 is a part of the compendium II of additional documents at serial No.13 from pp.588 to 592, whereas copies of communication between the District Collector, Aurangabad and the",,
Divisional Commissioner, Aurangabad dated 18.03.1989 showing that the Gram Panchayat had not granted any NOC and a communication dated 14.11.2011 addressed by an Advocate to the Assistant Director, Town Planning stating that in",,
the issue of mutation of the name of Aurangabad Municipal Corporation in the 50 acre Government Gairan land at Mandki, there is no document allotting land in the file of the Aurangabad Municipal Corporation or the Divisional Commissioner,",,
Protest by,Date of meeting,Met with
Shri. Mahadev
Suryavanshi [Corporator] and
others",December 1998,Then AMC officials including Commissioner
Shri Bhagwan Ragde [Corporator]
and others",December 2003 and in 2006,Then AMC officials including Commissioner
Shri Bhausaheb Gaike and others,"2011, 2012",Then AMC officials including Commissioner
Shri Manish
Dahinde
[Corporator] and others",June 2013,"Shri.
Harshwardhan
Kamble
[Commissioner]
and with Shri
Chandrakant Khaire [MP]
Shri Gokul Malke [Corporator] and
others",2016,Shri. Kendrekar [Commissioner]
Shri Dr.Vijay Dak and others,"13.10.2017 and again
in 16.02.2018 to till date","Speaker Maharashtra Legislative Assembly
â€" Shri Haribhau Bagde [Nana]
Commissioner of AMC and Mayor,
Dy.Mayor of AMC also present Assured
that within three months time that
the waste will be shifted out of
Naregaon.
Mr. A.B. Girase, learned Government Pleader appearing for the State invites our attention to the averments of the affidavit in reply filed on behalf of Respondent State and its officials. He further invites our attention to the contents of the",,
affidavit of Chief Secretary to the Government of India, which is annexed with the affidavit in reply, and fairly states that, the State Government is determined to address the issues raised in the PIL and the State Government has taken",,
effective steps as it is evident from the averments in the affidavit in reply and the affidavit filed by the Chief Secretary. He submits that pursuant to the order dated 28th April, 2003, passed by the Division Bench of this Court (CORAM: A.B.",,
NAIK AND N.H. PATIL, JJ) in Writ Petition No.3253 of 2002, and the order dated 7th July, 2003, passed by the Division Bench of this Court (CORAM: B.H. MARLAPALLE & P.V. KAKADE, JJ.) in the said Writ Petition No.3253 of",,
2002, and also the statement made by the then Government Pleader before the High Court, the State Government processed the relevant papers/ file and in the year 2005 earÂmarked the land and possession of the said land was given to the",,
Municipal Corporation. However, he submits that what steps have been taken by the Corporation further needs to be inquired into. He submits that in case the Corporation has not taken the steps keeping in view the MSW Rules of 2000 and",,
also Solid Waste Management Rules, 2016 and various Government Resolutions, Circulars, guidelines issued from time to time, in that case it would not be in the interest of public at large residing in the vicinity of villages Mandki, Gopalpur,",,
Pakhri and Mahalpimpri to continue the dumping of solid waste/ garbage at Gut Nos.78 and 79 of village Mandki.,,
Mr. Deshpande, learned A.S.G. appearing for Respondent Nos.1, 10 and 11 submits that the Petition is premature. He submits that it is true that the site of Gut Nos.78 and 79 of village Mandki is within the radius of 10 Kms. from the",,
Airport, however the permission can be obtained from the authorities prescribed under Rule 91 of the Aircraft Rules, 1937.",,
Mr. Nerlikar, learned counsel appearing for Respondent No.6 invites our attention to the show cause notice issued to the Municipal Commissioner, Aurangabad Municipal Corporation on 20th  November, 2017 by Member Secretary,",,
Maharashtra Pollution Control Board, as to why prosecution under Section 37 read with section 21 and 31A of the Air (Prevention and Control of Pollution) Act, 1981 and under Section 15 of the Environment (Prevention and Control of",,
Pollution) Act, 1986 read with Solid Waste Management Rules, 2016 shall not be launched against him and Municipal Corporation of Aurangabad as well as person who are responsible for day to day affairs of the Corporation. He also invites",,
our attention to another show cause notice issued to the Commissioner, Aurangabad Municipal Corporation on 27th February, 2018 by Dr. J.B. Sangewar, Regional Officer, Maharashtra Pollution Control Board, Aurangabad and submits that it",,
is specifically stated in the said notice that Municipal Corporation is not serious about the pollution control and is contravening provisions of various environmental enactments knowingly and willfully. Learned counsel further submits that it is,,
also stated in the said notice that inspite of repeated instructions given by the Board to the Corporation authorities, till date the Corporation has not submitted No Objection Certificate from District Level Site Selection Committee to the Board",,
for Naregaon/Mandki site, and that the Corporation authorities have not submitted any proposal for alternative site for the scientific treatment and disposal of municipal solid waste.Â",,
Mr. R.S. Deshmukh, learned counsel appearing for Respondent No.7 Municipal Corporation submits that Corporation has taken effective steps time to time to collect, transport and properly dump the solid waste/ garbage at Gut Nos.78 and",,
79 of village Mandki. It is submitted that the Commissioner of Municipal Corporation has already replied the show cause notices. He submits that recently Corporation has taken effective steps so as to implement the Solid Waste,,
Management Rules, 2016. It is submitted that the Petition is premature. During the course of arguments, he invites our attention to various steps taken by the Corporation and submits that the Corporation may be allowed, at least for further",,
three months, to dump the new solid dry or wet municipal waste at Gut Nos.78 and 79 of village Mandki. He submits that the Corporation has decided to set up plant/ machinery keeping in view the Solid Waste Management Rules, 2016 for",,
segregation and composting of wet waste and also to take measures such as BioÂgas plant, centralizing process facility, scientific landfill and all other necessary steps. He submits that even the Chief Secretary to the Government of",,
Maharashtra has filed the affidavit stating the time limit in the said affidavit for taking all necessary steps in that behalf, within eight months. He further submits that the State Government and Corporation would ensure that scientific closure of",,
legacy dump at Naregaon is complete within 12 months.,,
We have carefully considered the submissions of the learned counsel appearing for the Petitioner, learned Assistant Solicitor General appearing for the Respondent Nos.1, 10 and 11, learned Government Pleader appearing for the State and",,
its officials, learned counsel appearing for Respondent No.6 Â Maharashtra Pollution Control Board and learned counsel appearing for Respondent No.7 Â Aurangabad Municipal Corporation. With their able assistance, we have perused the",,
grounds taken in the Petition, annexures thereto, various reports, reported Judgments relied on by the counsel appearing for the respective parties and the affidavit in replies filed on behalf of the respective Respondents.",,
It is not in dispute that after 1980Â81 Respondent No.7 shifted the dumpyard to Gut No.4 in village Naregaon which was then outside the municipal limits of Aurangabad. Thereafter Municipal Council was transformed into a Corporation,,
subsuming within it many suburban areas and the Gram Panchayat of Naregaon was also subsumed in Aurangabad Municipal Corporation. Thereafter dumpyard was shifted few Kilometers away from the then site at Gut No.4 of village,,
Naregaon to take it beyond the city limits of Aurangabad Municipal Corporation on 50 acre Government Gairan land situate at Gut Nos.78 and 79 in Mandki village for dumping the waste of Aurangabad city. Undisputedly, for more than 35",,
years the waste generated in the municipal limits of the AMC Is merely collected by the AMC and dumped at 50 acres lands ituate at Gut Nos.78 and 79 of village Mandki. Though Government Resolution dated 12th July, 2011 issued by the",,
Revenue and Forest Department of the Government of Maharashtra mandates that 'no objection certificate' should be taken from the concerned Gram Panchayat, the same was not taken. Respondent No.7 did not bother to take no",,
objection certificate from the concerned Gram Panchayat. As rightly submitted by learned counsel appearing for Respondent No.6 that from the year 2004 Respondent No.7 had never shown seriousness to follow the provisions of the Air,,
(Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act,1986, Solid Wastes (Management and Handling) Rules, 2000, Solid Waste Management Rules, 2016, the Water (Prevention and Control of Pollution) Act, 1974",,
and continued the activity of dumping the solid waste/ garbage at Gut Nos.78 and 79 of village Mandki. No document is placed on record by Respondent No.7 which would demonstrate/ show that Respondent No.7 had taken 'No Objection,,
Certificate' from Respondent No.6 from the year 2004 onwards. The provisions of relevant Act mandates that such 'No Objection Certificate"" is required to be taken. The Supreme Court in the case of Paryavaran Suraksha Samiti and another",,
vs. Union of India and others , has taken a serious view of not obtaining consent to operate by the industry from the competent authority. It would be gainful to reproduce herein below Paragraph Nos.4, 8 and 12 from the said Judgment, which",,
reads thus:,,
The question that arises for our consideration is, whether the same is maintained in good order, after the industry itself has become functional. The industry requiring “consent to operateâ€, can be permitted to run, only if its primary",,
effluent treatment plant, is functional. We, therefore, consider it just and appropriate, to direct the State Pollution Control Boards concerned, to issue notices to all industrial units, which require “consent to operateâ€, by way of a common",,
advertisement, requiring them to make their primary effluent treatment plants fully operational, within three months from today. On the expiry of the notice period of three months, the State Pollution Control Board(s) concerned are mandated to",,
carry out inspections, to verify, whether or not, each industrial unit requiring “consent to operateâ€, has a functional primary effluent treatment plant. Such of the industrial units, which have not been able to make their primary effluent",,
treatment plant fully operational, within the notice period, shall be restrained from any further industrial activity. This direction may be implemented by requiring the electricity supply and distribution agency concerned, to disconnect the",,
electricity connection of the defaulting industry. We, therefore, hereby further direct that in case the State Pollution Control Boards concerned make a recommendation to the electrical supply and distribution agency/company concerned, to",,
disconnect electricity supply to an industry, for the reason that its primary effluent treatment plant is not functional, it shall honour such recommendation, and shall disconnect the electricity supply to such defaulting industrial concern, forthwith.",,
In view of the fact that the financial position has been taken care of, as has been expressed above, we are of the view, that the setting up of “common effluent treatment plantsâ€, should be taken up as an urgent mission. With reference",,
to common effluent treatment plants, which are already under implementation, we hope and expect that they would be completed within the timelines already postulated. With reference to common effluent treatment plants, which are yet to be",,
set up, we consider it just and appropriate to direct the State Governments concerned (including the Union Territories concerned) to complete the same within a period of three years, from today. We are also of the view that while acquiring",,
land for the “common effluent treatment plantsâ€, the State Governments concerned (including the Union Territories concerned) will acquire such additional land, as may be required for setting up “zero liquid discharge plantsâ€, if and",,
when required in the future.,,
We are of the view that in the manner suggested above, the malady of sewer treatment, should also be dealt with simultaneously. We, therefore, hereby direct that “sewage treatment plants†shall also be set up and made functional,",,
within the timelines and the format, expressed hereinabove.",,
In the facts of the present case, Respondent No.7 has not obtained no objection certificate from Respondent No.6 since the year 2004 onwards and in breach and utter disregard of relevant provisions of the Air (Prevention and Control",,
of Pollution) Act, 1981, the Environment (Protection) Act,1986, Solid Wastes (Management and Handling) Rules, 2000, Solid Waste Management Rules, 2016 and the Water (Prevention and Control of Pollution) Act, 1974 continued to dump",,
the solid waste/ garbage at Gut Nos. 78 and 79 of village Mandki.,,
At this juncture, it would be relevant to make reference to the order dated 28th April, 2003, passed by the Division Bench of this Court (CORAM: A.B. NAIK AND N.H. PATIL, JJ.) in Writ Petition No.3253 of 2002 (Dr. Shaikh",,
Mohammed Shafeeque Ahmed and another vs. The Municipal Corporation of City of Aurangabad and others), which reads as under:Â",,
Mr.E.P. Sawant, learned Government Pleader for respondentÂState, has produced before us the proposal submitted by the Collector, Aurangabad to the Divisional Commissioner, Aurangabad Division, Aurangabad, regarding acquisition of",,
land and shifting of Solid Waste Project at village Karodi.,,
Having heard the learned Advocates appearing for the respective parties, we are of the view that the question involved in this Petition is of public importance and some urgency will have to be shown by all the concerned. As the proposal is",,
now received by the Divisional Commissioner, Shri E.P. Sawant, assures that within one week from today, the Commissioner will forward the proposal to the Government, for its consideration. On receipt of the proposal, the Government shall",,
decide the issue involved and pass an appropriate order.Â,,
Place this Petition for further orders on 30th June, 2003.â€",,
Further order dated 7th July, 2003 passed by the Division Bench of this Court (CORAM: B.H. MARLAPALLE AND P.V. KAKADE, JJ.) while disposing of the said Writ Petition No.3253 of 2003, reads thus:",,
Heard.",,
It is evident that the proposal to provide for a dump yard is pending with the State Government and the land located near Village Karodi, Gat.No.135 admeasuring 100 acres in Aurangabad Taluka, which was demarked by the local",,
administration has been objected to by the Village Panchayat of Karodi.,,
We are also informed that the said Village Panchayat has already lodged its objections before the appropriate forum. Ultimately, it is the State Government, which has to take a decision either in finalizing the land recommended by the",,
Divisional Commissioner, Aurangabad or some other land, taking into consideration the proposal submitted by the Municipal Corporation, Aurangabad.",,
We direct that the issue be finalized as expeditiously as possible and preferably within a period of six months, after hearing all the concerned.",,
Petition disposed of accordingly.,,
C.A. does not survive.""",,
Learned Government Pleader, during the course of hearing informed this Court that pursuant to the directions contained in said order dated 7th July, 2003, reproduced above, the State Government not only finalized the site, but",,
possession of the land was also handed over/ given to the Corporation in the year 2005 itself. It appears that Respondent No.7 did not take further steps pursuant to the said order passed by the,,
Division Bench of this Court and continued to dump solid waste/ garbage in utter disregard to the relevant provisions of the concerned Acts and the Rules of 2000 and the Rules of 2016, till the citizens/ villagers of the afore mentioned",,
villages protested in a peaceful manner by coming on street when their all efforts for redressal of their grievance were not addressed by the Respondents. The Petitioners have placed on record various representations, interÂse",,
correspondence between Respondent No.7 and Government officials, which would demonstrate that on every occasion only assurance was given to the Petitioners that alternate site will be identified by the",,
Corporation and the Corporation should be allowed to dump the solid waste/ garbage till then. One of such letter, dated 7th September, 2013, written by Suresh Pedgaonkar, Deputy Commissioner (Revenue)",,
to Dahihande Manish Chandrakant, Councillor, Ward No.22, Municipal Corporation, Aurangabad is reproduced herein below:ÂÂ",,
k; %& miks""k.k ekxs ?ks.;kckcr-",,
egksn;] ukjsxko ;sFkhy dpjk Msiks vU;= gyfo.;klkBh vki.k lq: dsysY;k miks""k.kkP;k vuq""kaxkus vkSjaxkckn egkuxjikfydsP;k orhus vki.kkaLk ys[kh vk'oklu ns.;kr ;srs dh] ukjsxkao ;sFkhy dpjk Msiks vU;= gyfo.;klkBh ek- foHkkxh; vk;qDr rlsp",,
ek- ftYgkf/kdkjh vkSjaxkckn ;kaps lkscr ek- vk;qDr egkuxjikfydk vkSjaxkckn ;kaph ppkZ >kyh vkgs-Â lnj ppsZe/;s vkSjaxkckn egkuxjikfydk dpjk MsikslkBh vU; fBdk.kh tkxk miyC/k d:u ns.;kps R;kauh ekU; dsys vkgs-Â ;k lanHkkZus,,
fofo/k foHkkxkps uk&gjdr izek.ki= d:u ?ks.;kph dk;Zokgh lq: vkgs-Â egkuxjikfydsP;k dpjk MsikslkBh o R;klkBh vko';d vlysys uk&gjdr izek.ki= izkIr d:u ?ks.;kph dk;Zokgh vafre VI;kr vkgs-Â lnj dk;Zokgh iw.kZ >kY;kuarj o tfeuhpk rkck,,
feGkY;kuarj vkSjaxkckn egkuxjikfydkpk ukjsxkao ;sFkhy dpjk Msiks vU;= gyfo.;kph dk;Zokgh rkrMhus dj.;kr ;sowu ;kckcrph loZ izdzh;k nksu efg.;kr dj.;kr ;sbZyd`i;k vki.k vkiys miks""k.k ekxs ?ksÃ…u lgdk;Z djkos gh fouarh-",,
Â,,
                vkiyk fo'oklw],,
                   Lok{kjh,,
 lqjs'k isMxkaodj] mi vk;qDr ¼eglwy½,,
. True translation of the said letter dated 7th September, 2013 is as under:",,
O.No.AMC/DC(R)/SVS/2013/62Â Â Â Date 07/09/2013",,
To,",,
Shri.Dahihande Manish Chandrakant,,
S. Sadasya Ward No.22, Municipal Corporation,",,
Aurangabad,,
Subject:Â Regarding withdrawal of hunger strike.,,
Sir,",,
For shifting of Garbage Depot to any other place from Naregaon you have started hunger strike therefore on behalf of Municipal Corporation,,
Aurangabad a written assurance is being given to you that for shifting Garbage Depot from Naregaon to any other place a discussion has been taken place amongst the Municipal Commissioner, Divisional Commissioner and Collector",,
Aurangabad. In the said discussion it has been agreed that for Garbage Depot an another place shall be made available for the Municipal Corporation Aurangabad. In this regard, necessary action for seeking No Objection Certificates from",,
various departments is going on. The action of seeking necessary No Objection Certificates from various department for Garbage Depot of Municipal Corporation is in the final stage. After completion of said procedure and after seeking,,
possession of land for the Garbage Depot of Municipal Corporation the process of shifting Garbage Depot of Naregaon to any other place shall be made immediately within two months.,,
You are requested to coÂoperate by withdrawing your hunger strike.,,
                                                                                                Â,,
Yours faithfully,  Â",,
                                                                                                                   Â,,
 Sd/Â,,
                                                                                            Â,,
           Suresh Pedgaonkar,,
                                                                                                          Â,,
Deputy Commissioner (Revenue),,
There is no denial to the assertion of the Petitioners that Respondent No.7 and also the State Government and representatives of the people gave assurance to the villagers on many occasions that steps will be taken forthwith so as to shift,,
the dumping yard from the present site to some other site. The contents of the showÂcause notice issued by Respondent No.6 to Respondent No.7, referred above, would make it abundantly clear that there is flagrant violation of the relevant",,
provisions of Air (Prevention and Control of Pollution) Act, the Environment (Protection) Act,1986, the Water (Prevention and Control of Pollution) Act, 1974, Solid Wastes (Management and Handling) Rules, 2000 and Solid Waste",,
Management Rules, 2016 by Respondent No.7 Corporation. It appears that Respondent No.7 did not bother to address the grievance of the Petitioners raised by them through various representations and continued to dump the solid waste/",,
garbage at Gut Nos.78 and 79 of village Mandki in utter disregard to the fundamental rights of the citizens guaranteed under Article 21 of the Constitution of India to live in pollution free environment. In the said background, it is the duty of this",,
Court to ensure that not only the orders of this Court passed in Writ Petition No.3253 of 2002, referred above, are followed but also the provisions of Environment Protection Act, 1986 and the Rules of 2000 and Rules of 2016 are implemented",,
by Respondent No.7 and to seriously view the breach by the Respondents, in particular breach by State and State officials and also by the Municipal Corporation, which has deprived the large number of citizens residing at villages Mandki,",,
Gopalpur, Palshi, Pokhri and surrounding areas, from the right to live in pollution free environment, as guaranteed under Article 21 of the Constitution of India.Â",,
At this juncture, it would be appropriate to rely upon the observations of the Supreme Court in the case of Amarnath Shrine, In Re (Court on its own Motion) vs. Union of India and others . While considering and explaining the ambit and",,
scope of Article 21 of the Constitution of India, the Supreme Court held thus:",,
The right to life under Article 21 is a right to live with dignity, safety and in a clean environment. The ambit of Article 21 of the Constitution has been expanded by judicial pronouncements consistently. The judgments have accepted such",,
right and placed a clear obligation on the part of the State to ensure meaningful fulfilment of such right. SocioÂeconomic justice for people is the very spirit of the Preamble of our Constitution. “Interest of the general public†in Article 19,,
[5] is a comprehensive expression comprising several issues which affect public welfare, public convenience, public order, health, morality, safety, etc., all intended to achieve the socioeconomic justice for people. The expression “lifeâ€",,
enshrined in Article 21 of the Constitution does not connote mere animal existence or continued drudgery through life. It has a much wider meaning which includes right to livelihood, better standard of living, hygienic conditions in the",,
workplace and leisure. The right to life with human dignity encompasses within its fold, some of the finer facets of human civilisation which make life worth living. The expanded connotation of life would mean the traditional and cultural",,
heritage of the persons concerned.""",,
As already observed the Corporation in breach of right guaranteed under Article 21 of the Constitution of India, to live with dignity, safety and in a clean environment, had continued to dump the solid waste/ garbage in Gut Nos.78 and 79",,
of village Mandki, without taking appropriate measures/ steps for segregation, processing of the solid waste. There is no denial to the assertion of the Petitioners that the solid waste/ garbage is dumped even underneath up to considerable depth",,
and no steps have been taken to process the same so as to avoid the serious consequences such as air pollution, and also to avoid contamination of water due to dumping of such huge quantity of the solid waste/garbage. The Petitioners,",,
keeping in view the submissions made across the Bar by the counsel appearing for the Corporation, submitted that nearly 20,00,000 cubic ton solid waste in mixed condition is lying at the dumping site. The said site has been used by the",,
Corporation for more than 33 years and therefore there is no doubt that it has attained maximum capacity and therefore said needs immediate closure.,,
The Division Bench of this Court, Principal Seat at Mumbai (CORAM: A.M. KHANWILKAR AND A.P. BHANGALE, JJ.) in Writ Petition No.1740 of 1998 (Vijay Laxman Takte vs. The Navi Mumbai Municipal Corporation and",,
others), by order dated 2nd April, 2013, disposed of said Petitions in terms of ""Draft Minutes of the Order"". It would be gainful to reproduce herein below the ""Draft Minutes of the Order"" so prepared and placed before the Division Bench,",,
which reads thus:,,
“Draft Minutes of the Order,,
For implementation of Solid Waste (Management & Handling) Rules, 2000 (MSW Rules) and for segregation, management, treatment and disposal of solid waste in the areas of various local authorities, throughout the State of Maharashtra",,
following directions are given.,,
For the aforesaid purpose, the State of Maharashtra shall be considered into four regions as follows :",,
(1) Konkan, (2) Western Maharashtra, (3) Vidharbha and (4) Marathwada",,
The local authorities shall be divided into following categories :,,
(1) Urban Local Authorities:,,
(a) Municipal Corporations,,
(b) Municipal Councils,,
(2) Other Authorities:Â (a) Zilla Parishad,,
(b) Taluka Panchayat and,,
(c) Village Panchayat,,
The following officers shall be designated as Nodal Officers/ Authorized officers who will be incharge and responsible for implementation of the MSW Rules and these directions:,,
(1) Divisional Commissioner for the  Districts within his jurisdiction;,,
(2) Municipal Commissioner / Additional Commissioner for Municipal Corporation areas;,,
(3) Chief OfficerÂMunicipal Council;,,
(4) District Collector for the entire district in respect of all other local authorities.,,
(a) The Secretary Urban Development Department (UDD) shall be overall incharge as per MSW Rules 2000 (Rule 5). The Secretary UDD in addition to being primarily responsible for implementation of MSW Rules shall also be,,
responsible for supervising and monitoring functioning of all other authorities:,,
(b) The responsibility of the aforesaid Nodal Officers/ Authorized Officers will include all issues relating to solid waste management from identification of the land fill site, dumping sites, waste treatment facility sites, obtaining requisite",,
permissions from Maharashtra Pollution Control Board (MPCB), segregation and transport of solid waste the treatment of solid waste and all other related matters.",,
The general issues shall be classified on the basis of availability of facilities with local authority for the aforesaid purposes as follows:,,
(a) local authorities which do not have designated / approved dumping site/land fill sites at all,",,
(b) the local authorities which have such sites available at present but are inadequate,",,
(c) the local authorities which have sites which are being operated as land fill sites/ dumping grounds but are noncompliant with MSW Rules and MPCB authorization and,,
(d) the local authorities which do not have provisions of solid waste treatment facilities.,,
Re: Local authorities which do not have the land fill sites/dumping ground :,,
(a) The authorized officer/ local authority shall take steps for acquisition of notified/ designated site for this purpose either in the Regional Plan or the Development Plan within a period of two weeks either under the provisions of Land,,
Acquisition Act, 1894, Maharashtra Regional & Town Planning Act, 1966 or by mutual agreement with land owners.",,
(b) The process of selection and acquisition of sites including taking possession shall be completed expeditiously and not later than six weeks in accordance with, the guidelines prescribed in the Government Resolution dated 5th October 2012,",,
AnnexureÂ1 as well as GR dated 26th August, 2003.",,
(c) The selection of site shall also take into consideration appropriateness and suitability of site from viewpoint of CRZÂ Â Â Â Â Â Â Â Notification, EIA Notification and other Environmental Laws including Forest Laws as applicable.",,
(d) Wherever the Local Authority has an approved authorized site for land fill/ dumping, the local authority shall immediately take steps to make it operational for that purpose within a period of 4 weeks.",,
(e) On selection, identification and acquisition of sites, the local authorities shall make the appropriate application not later than two weeks after taking possession of site, to the Pollution Control Board under Rule 6 of MSW Rules for",,
authorization.,,
(f) The MPCB shall process the application and grant the authorization in accordance with the provisions of Air Act and Water Act and MSW Rules 2000 preferably within a period of two weeks end not later than from receipt of,,
application complete in all respects.,,
(g) On the aforesaid compliances the site shall be used by the concerned local authorities for land fill / dumping strictly in accordance with the MSW Rules 2000 and authorization granted by MPCB.,,
(h) The Nodal Officers / Authorized Officer shall monitor periodically the operation of such sites and compliance with MSW Rules and MPCBÂ authorization on fortnightly basis and make report and take remedial measures to ensure,,
compliance.,,
(i) In case there are no designated / notified sites the State Government shall assist such Local authority to identify, select and acquire the requisite site and notify or designate the same for land fill/dumping of MSW. The State Government",,
shall initiate steps for this purpose preferably within two weeks from this order and complete the process as per statutory provisions for designation of the site.,,
(j) In case the site designated within the area of local authorities is encroached upon the local authorities shall initiate action for removal of encroachment within two weeks, including but not limited to, in accordance with the relevant Municipal",,
law or the Maharashtra Land Revenue Code as the case may be for eviction of such unauthorized encroachers. In the event of such actions being taken no Court or authority in the State shall entertain any application or proceedings or suit,,
in respect of such eviction and any such proceeding shall be filed only in this Court.,,
(k) In case there are any proceedings pending/orders passed in respect of any sites within the jurisdiction of Local Authority, such authority shall immediately take steps to get the stay orders vacated and/or bring it to the notice of this",,
Court for appropriate directions.,,
Re: Local authorities which have inadequate facilities:Â,,
(a) The local authority will assess the need for the sites by taking into account the existing population and growth of population upto atleast next 30 years.,,
(b) The local authorities shall take steps for selection, identification and acquisition of additional sites by following the directions in the preceding paragraph under the heading “Re : Local authorities which do not have the land fill sites /",,
dumping grounds.â€,,
Re: The Local authorities which have facilities which are non compliant with MSW Rules 2000 and MPCB authorization:,,
The MPCB shall make report in respect of each of the designated dumping site within jurisdiction of all Municipal Corporations, Municipal",,
Councils and Panchayats to ensure Compliance with MSW Rules and these directions and directions of the Supreme Court. This exercise to be completed within a period of 8 weeks.,,
All dumping sites which do not comply with MSW Rules and other governing applicable laws and these directions and the sites which are not designated as per rules shall be discontinued and closed within a period of three months or an,,
acquisition of new site whichever is earlier.,,
All sites which have exceeded their capacity shall be closed down as per procedure under MSW Rules.,,
Re: The Local authorities which do not have waste processing facilities:,,
The Local authorities shall take steps for treatment of solid waste in accordance with MSW Rules either through themselves or through an identified agency.,,
Sr.
No.",Action Plan Details,Time Schedule
1.,"To develop mechanism for collection, segregation (at source / site)
& transportation to processing facility & landfill site.","Â Within 2 months
after
 processing of land
Â
Â
Â
2.,"Settling up and
Commissioning of Waste
Processing Facility","Â
Â
,"(a) Selecting of
technology","Â Within 2 months
after possession of
Land
,"(b) Preparation of
Detailed Project Report","Â Within 2 months
after selection of
technology
,(c)Obtaining clearance from MCZMA/MOEF,"Â Within 4 months
from submission
of the proposal by
the ULB
,(d) Inviting tenders and appointment of Agency,"Â Within 2 months
after obtaining
clearance from
MCZMA/MOEF
,"(e) Issuance of Work
Order with the time frame & necessary conditions by
Municipal Authority","Â Within 1 month
Â
Â
,(f) Settling of MSW processing facility & making it operational,"Â Within 18 months
from
 the date of work
order
,"Development                           Â
      &
Commissioning of secured landfill site","Â Within 12 months
after
 possession of
land
,Improving of existing facility,"Â After
exhaustingÂ
capacity of the
 existing cell
,(a) Closure of existing dump site if required as per MSW Rules,"Â Within
16
monthsÂ
,"(b) Setting up and commissioning of waste processing facility if not
available at existing site.","Â Within 24 months
Â
Â
Â
,"(c) Improvement in the existing waste processing facility and
secured","Â Within 6 months
Â
Â
,landfill site in accordance with the MSW Rules.,"Â
Â
,"(d) Development of new secured landfill site at existing site if not
available.","Â Within 12 months
Â
Â
,"(a) Application for Authorization by
Municipal Authority (Rule
4 (2))","Â As per Rules
Â
Â
,"(b) Grant of a authorization for processing facility & landfill site.
(Rule 6
(2))","Â As per Rules
Â
Â
Â
It is clarified that wherever there is a statutory period prescribed for processing of any application grant of clearance etc. the period prescribed therein shall be applicable.,,
The directions contained in this order are in addition to and supplementary to directions already given or orders passed in individual Writ Petitions/ PILs.,,
Liberty to apply in case there is exceptional problem or exigency.""",,
. The Division Bench proceeded to pass the order in terms of ""Draft Minutes of Order"" being satisfied that said dispensation is not only imperative but also fulfill the aspirations of the statutory provisions in place. In the said order, in clause 16",,
of the Draft Minutes of Order, it is stated that, in the Solid Waste/ Garbage Management issues mentioned in the said clause shall be considered for long term and future planning by Local authorities, State and Central Government and",,
Pollution Control Boards. One of the issue is about closure of sites which have attained their maximum capacity. Keeping in view the said order, in the facts of the present case also closure of site at Gut Nos.78 and 79 of village Mandki is",,
urgently warranted to avoid further damage to environment, contamination to water, spreading of further diseases, loss of life of birds, animals and so also human beings, and also due to the fact that Airport is situate within 10 Kms. distance",,
from the site.,,
There is historical background to Aurangabad city and also it is industrial hub. Historic places such as Ajanta and Elora, Daulatabad Fort are near Aurangabad city. There are also historic places such as Bibika Makbara, Panchakki etc. in",,
the local limits of Aurangabad city. Therefore, every day, tourists and other citizens from other part of Country visits the city by airÂtravel.",,
At this juncture, it would be apt to reproduce herein below the relevant provisions of the Aircraft Act, 1934 and relevant rules of the Aircraft Rules, 1937. Sections 5ÂA and 11ÂA of the Aircraft Act reads as under:",,
5A. Power to issue directions. (1) The DirectorÂGeneral of Civil Aviation or any other officer specially empowered in this behalf by the Central Government may, from time to time, by order, issue directions, consistent with the provisions",,
of this Act and the rules made thereunder, with respect to any of the matters specified in clauses (aa), (b), (c), (e), (f), (g), (ga), (gb), (gc), (h), (i), (m) and (qq) of subÂsection (2) of section 5, to any person or persons using any aerodrome or",,
engaged in the aircraft operations, air traffic control, maintenance and operation of aerodrome, communication, navigation, surveillance and air traffic management facilities and safeguarding civil aviation against acts of unlawful interference, in",,
any case where the DirectorÂGeneral of Civil Aviation or such other officer is satisfied that in the interests of the security of India or for securing the safety of aircraft operations it is necessary so to do.,,
(2) Every direction issued under subsection (1) shall be complied with by the person or persons to whom such direction is issued.,,
11A. Penalty for failure to comply with directions issued under section 5A. If any person willfully fails to comply with any direction issued under section 5A, he shall be punishable with imprisonment for a term which may extend to two years",,
or with fine which may extend to ten lakh rupees, or with both.""",,
. Section 10(1A) of the Aircraft Act, 1934 and Rule 91 of the Aircraft Rules, 1937 reads thus:Â",,
(1A) If any person contravenes any provision of any rule made under clause (qq) of subÂsection (2) of section 5 prohibiting the slaughter and flaying of animals and of depositing rubbish, filth and other polluted and obnoxious matter within a",,
radius of ten kilometres from the aerodrome reference point, he shall be punishable with imprisonment which may extend to [three years, or with fine which may extend to ten lakh rupees], or with both.""",,
Prohibition of slaughtering and flaying of animals, depositing of rubbish and other polluted or obnoxious matter in the vicinity of aerodrome. No person shall slaughter or flay any animal or deposit or drop any rubbish, filth, garbage or any",,
other polluted or obnoxious matter including such material from hotels, meat shops, fish shops and boneprocessing mills which attracts or is likely to attract vultures or other birds and animals within a radius of ten kilometers from the aerodrome",,
reference point :,,
Provided that the DirectorÂGeneral, a Joint Director General of Civil Aviation or a Deputy Director General of Civil Aviation may, if he is satisfied that proper and adequate arrangements have been made by the owners of hotels, meat shops,",,
fish shops and bone processing mills so as to prevent attraction of vultures or other birds and animals, having regard to the vicinity of place of slaughter from the aerodrome, arrangements for disposal or deposit of carcass, rubbish and other",,
polluted and obnoxious matter, grant permission in writing for the purpose.""",,
Keeping in view the aforesaid provisions of the Aircraft Act, 1934 and the Aircraft Rules, 1937 and the fact that, distance of said site and the Airport is within the radius of 10 Kms., there is no alternative but to close the site.",,
The High Court of Uttarakhand at Nainital had occasion to deal with the provisions of the Solid Waste Management Rules, 2016, in the case of Sai Nath Seva Mandal V/s State of Uttarakhand and others) . It would be gainful to reproduce",,
herein below the paragraphs nos.66 to 69 and 72 to 76 of the said Judgment :,,
The Central Government has framed the Solid Waste Management Rules, 2016 (hereinafter to be referred as ‘the Rules of 2016’). These Rules were notified on 8.2.2016. Under Rule 2, these Rules have been made applicable to",,
every urban local body, outgrowths in urban agglomerations, census towns as declared by the Registrar General and Census Commissioner of India, notified areas, notified industrial townships, areas under the control of Indian Railways,",,
airports, airbases, Ports and harbours, defence establishments, special economic zones, State and Central government organisations, places of pilgrims, religious and historical importance as may be notified by respective State government from",,
time to time and to every domestic, institutional, commercial and any other non residential solid waste generator situated in the areas except industrial waste, hazardous waste, hazardous chemicals, bio medical wastes, eÂwaste, lead acid",,
batteries and radioÂactive waste, that are covered under separate rules framed under the Environment (Protection) Act, 1986.",,
For the sake of convenience, Rules 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 19 and 20 of the Rules of 2016 are reproduced as under:",,
Duties of waste generators. (1) Every waste generator shall, (a) segregate and store the waste generated by them in three separate streams namely bioÂdegradable, non biodegradable 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; (b) wrap securely the used sanitary waste like diapers, sanitary pads etc., in the pouches",,
provided by the manufacturers or brand owners of these products or in a suitable wrapping material as instructed by the local authorities and shall place the same in the bin meant for dry waste or nonÂbioÂdegradable waste; (c) store,,
separately construction and demolition waste, as and when generated, in his own premises and shall dispose off as per the Construction and Demolition Waste Management Rules, 2016; and (d) store horticulture waste and garden waste",,
generated from his premises separately in his own premises and dispose of as per the directions of the local body from time to time. (2) No waste generator shall throw, burn or burry the solid waste generated by him, on streets, open public",,
spaces outside his premises or in the drain or water bodies. (3) All waste generators shall pay such user fee for solid waste management, as specified in the byeÂlaws of the local bodies. (4) No person shall organise an event or gathering of",,
more than one hundred persons at any unlicensed place without intimating the local body, at least three working days in advance and such person or the organiser of such event shall ensure segregation of waste at source and handing over of",,
segregated waste to waste collector or agency as specified by the local body. (5) 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. (6) All resident welfare and market associations shall, within one",,
year from the date of notification of these 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 bioÂdegradable waste shall be processed, treated and disposed off through composting or biomethanation within the premises as far as possible. The",,
residual waste shall be given to the waste collectors or agency as directed by the local body. (7) All gated communities and institutions with more than 5,000 sqm area shall, within one year from the date of notification of these 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 authorizsd recyclers. The bioÂdegradable waste shall be processed, treated and disposed off through composting or bioÂmethanation within the premises as far as possible. The residual waste shall be given to the waste",,
collectors or agency as directed by the local body. (8) All hotels and restaurants shall, within one year from the date of notification of these rules and in partnership with the local body ensure segregation of waste at source 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 bioÂdegradable waste shall be processed, treated and disposed off",,
through composting or bioÂmethanation within the premises as far as possible. The residual waste shall be given to the waste collectors or agency as directed by the local body.,,
Duties of Ministry of Environment, Forest and Climate Change. (1) The Ministry of Environment, Forest and Climate Change shall be responsible for over all monitoring the implementation of these rules in the country. It shall constitute a",,
Central Monitoring Committee under the Chairmanship of Secretary, Ministry of Environment, Forest and Climate Change comprising officer not below the rank of Joint Secretary or Advisor from the following namely, 1) Ministry of Urban",,
Development 2) Ministry of Rural Development 3) Ministry of Chemicals and Fertilizers 4) Ministry of Agriculture 5) Central Pollution Control Board 6) Three State Pollution Control Boards or Pollution Control Committees by rotation 7),,
Urban Development Departments of three State Governments by rotation 8) Rural Development Departments from two State Governments by rotation 9) Three Urban Local bodies by rotation 10) Two census towns by rotation 11) FICCI,",,
CII 12) Two subject experts.,,
This Central Monitoring Committee shall meet at least once in a year to monitor and review the implementation of these rules. The Ministry of Environment, Forest and Climate Change may coÂopt other experts, if needed. The Committee",,
shall be renewed every three years.,,
Duties of Ministry of Urban Development. (1) The Ministry of Urban Development shall coordinate with State Governments and Union territory Administrations to, (a) take periodic review of the measures taken by the states and local",,
bodies for improving solid waste management practices and execution of solid waste management projects funded by the Ministry and external agencies at least once in a year and give advice on taking corrective measures; (b) formulate,,
national policy and strategy on solid waste management including policy on waste to energy in consultation with stakeholders within six months from the date of notification of these rules; (c) facilitate States and Union Territories in formulation,,
of state policy and strategy on solid management based on national solid waste management policy and national urban sanitation policy; (d) promote research and development in solid waste management sector and disseminate information to,,
States and local bodies; (e) undertake training and capacity building of local bodies and other stakeholders; and (f) provide technical guidelines and project finance to states, Union territories and local bodies on solid waste management to",,
facilitate meeting timelines and standards.,,
Duties of Department of Fertilisers, Ministry of Chemicals and Fertilisers. (1) The Department of Fertilisers through appropriate mechanisms shall, (a) provide market development assistance on city compost; and (b) ensure promotion of",,
coÂmarketing of compost with chemical fertilisers in the ratio of 3 to 4 bags: 6 to 7 bags by the fertiliser companies to the extent compost is made available for marketing to the companies.,,
Duties of Ministry of Agriculture, Government of IndiaÂThe Ministry of Agriculture through appropriate mechanisms shall, (a) provide flexibility in Fertiliser Control Order for manufacturing and sale of compost; (b) propagate utlisation of",,
compost on farm land; (c) set up laboratories to test quality of compost produced by local authorities or their authorised agencies; and (d) issue suitable guidelines for maintaining the quality of compost and ratio of use of compost visaÂaÂvis,,
chemical fertilizers while applying compost to farmland.,,
Duties of the Ministry of Power. The Ministry of Power through appropriate mechanisms shall, (a) decide tariff or charges for the power generated from the waste to energy plants based on solid waste. (b) compulsory purchase power",,
generated from such waste to energy plants by distribution company.,,
Duties of Ministry of New and Renewable Energy Sources. The Ministry of New and Renewable Energy Sources through appropriate mechanisms shall, (a) facilitate infrastructure creation for waste to energy plants; and (b) provide",,
appropriate subsidy or incentives for such waste to energy plants.,,
Duties of the SecretaryÂinÂcharge, Urban Development in the States and Union territories (1) The Secretary, Urban Development Department in the State or Union territory through the Commissioner or Director of Municipal",,
Administration or Director of local bodies shall, (a) prepare a state policy and solid waste management strategy for the state or the union territory in consultation with stakeholders including representative of waste pickers, self help group and",,
similar groups working in the field of waste management consistent with these rules, national policy on solid waste management and national urban sanitation policy of the ministry of urban development, in a period not later than one year from",,
the date of notification of these rules; (b) while preparing State policy and strategy on solid waste management, lay emphasis on waste reduction, reuse, recycling, recovery and optimum utilisation of various components of solid waste to ensure",,
minimisation of waste going to the landfill and minimise impact of solid waste on human health and environment; (c) state policies and strategies should acknowledge the primary role played by the informal sector of waste pickers, waste",,
collectors and recycling industry in reducing waste and provide broad guidelines regarding integration of waste picker or informal waste collectors in the waste management system. (d) ensure implementation of provisions of these rules by all,,
local authorities; (e) direct the town planning department of the State to ensure that master plan of every city in the State or Union territory provisions for setting up of solid waste processing and disposal facilities except for the cities who are,,
members of common waste processing facility or regional sanitary landfill for a group of cities; and (f) ensure identification and allocation of suitable land to the local bodies within one year for setting up of processing and disposal facilities for,,
solid wastes and incorporate them in the master plans (land use plan) of the State or as the case may be, cities through metropolitan and district planning committees or town and country planning department; (h) direct the town planning",,
department of the State and local bodies to ensure that a separate space for segregation, storage, decentralised processing of solid waste is demarcated in the development plan for group housing or commercial, institutional or any other",,
nonresidential complex exceeding 200 dwelling or having a plot area exceeding 5,000 square meters; (i) direct the developers of Special Economic Zone, Industrial Estate, Industrial Park to earmark at least five percent of the total area of the",,
plot or minimum five plots or sheds for recovery and recycling facility. (j) facilitate establishment of common regional sanitary land fill for a group of cities and towns falling within a distance of 50 km (or more) from the regional facility on a,,
cost sharing basis and ensure professional management of such sanitary landfills; (k) arrange for capacity building of local bodies in managing solid waste, segregation and transportation or processing of such waste at source; (l) notify buffer",,
zone for the solid waste processing and disposal facilities of more than five tons per day in consultation with the State Pollution Control Board; and (m) start a scheme on registration of waste pickers and waste dealers.,,
Duties of District Magistrate or District Collector or Deputy Commissioner. The District Magistrate or District Collector or as the case may be, the Deputy Commissioner shall,  (a) facilitate identification and allocation of suitable land",,
as per clause (f) of rules 11 for setting up solid waste processing and disposal facilities to local authorities in his district in close coordination with the SecretaryÂinÂcharge of State Urban Development Department within one year from the,,
date of notification of these rules; (b) review the performance of local bodies, at least once in a quarter on waste segregation, processing, treatment and disposal and take corrective measures in consultation with the Commissioner or Director",,
of Municipal Administration or Director of local bodies and secretaryÂinÂcharge of the State Urban Development.,,
Duties of the SecretaryÂinÂcharge of Village Panchayats or Rural Development Department in the State and Union territory (1) The SecretaryÂinÂcharge of Village Panchayats or Rural Development Department in the State and,,
Union territory shall have the same duties as the SecretaryÂinÂcharge, Urban Development in the States and Union territories, for the areas which are covered under these rules and are under their jurisdictions.",,
Duties of Central Pollution Control BoardThe Central Pollution Control Board shall, (a) coÂordinate with the State Pollution Control Boards and the Pollution Control Committees for implementation of these rules and adherence to the",,
prescribed standards by local authorities; (b) formulate the standards for ground water, ambient air, noise pollution, leachate in respect of all solid waste processing and disposal facilities; (c) review environmental standards and norms",,
prescribed for solid waste processing facilities or treatment technologies and update them as and when required; (d) review through State Pollution Control Boards or Pollution Control Committees, at least once in a year, the implementation of",,
prescribed environmental standards for solid waste processing facilities or treatment technologies and compile the data monitored by them; (e) review the proposals of State Pollution Control Boards or Pollution Control Committees on use of,,
any new technologies for processing, recycling and treatment of solid waste and prescribe performance standards, emission norms for the same within 6 months; (f) monitor through State Pollution Control Boards or Pollution Control",,
Committees the implementation of these rules by local bodies; (g) prepare an annual report on implementation of these rules on the basis of reports received from State Pollution Control Boards and Committees and submit to the Ministry of,,
Environment, Forest and Climate Change and the report shall also be put in public domain; (h) publish guidelines for maintaining buffer zone restricting any residential, commercial or any other construction activity from the outer boundary of",,
the waste processing and disposal facilities for different sizes of facilities handling more than five tons per day of solid waste; (i) publish guidelines, from time to time, on environmental aspects of processing and disposal of solid waste to enable",,
local bodies to comply with the provisions of these rules; and (j) provide guidance to States or Union territories on interÂstate movement of waste.,,
Duties and responsibilities of local authorities and village Panchayats of census towns and urban agglomerations The local authorities and Panchayats shall, (a) prepare a solid waste management plan as per state policy and strategy on",,
solid waste management within six months from the date of notification of state policy and strategy and submit a copy to respective departments of State Government or Union territory Administration or agency authorised by the State,,
Government or Union territory Administration; (b) 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. From",,
multistorage buildings, large commercial complexes, malls, housing complexes, etc., this may be collected from the entry gate or any other designated location; (c) establish a system to recognise organisations of waste pickers or informal waste",,
collectors and promote and establish a system for integration of these authorised wasteÂpickers and waste collectors to facilitate their participation in solid waste management including door to door collection of waste; (d) facilitate formation,,
of Self Help Groups, provide identity cards and thereafter encourage integration in solid waste management including door to door collection of waste; (e) frame byeÂlaws incorporating the provisions of these rules within one year from the",,
date of notification of these rules and ensure timely implementation; (f) prescribe from time to time user fee as deemed appropriate and collect the fee from the waste generators on its own or through authorised agency; (g) direct waste,,
generators not to litter i.e. throw or dispose of any waste such as paper, water bottles, liquor bottles, soft drink canes, tetra packs, fruit peel, wrappers, etc., or burn or burry 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 the waste pickers or waste collectors authorised by the local body; (h) setup 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; Bins for storage of bioÂdegradable wastes shall be painted green, those for storage of recyclable",,
wastes shall be printed white and those for storage of other wastes shall be printed black; (i) establish waste deposition centres for domestic hazardous waste and give direction for waste generators to deposit domestic hazardous wastes at this,,
centre for its safe disposal. Such facility shall be established in a city or town in a manner that one centre is set up for the area of twenty square kilometers or part thereof and notify the timings of receiving domestic hazardous waste at such,,
centres; (j) ensure safe storage and transportation of the domestic hazardous waste to the hazardous waste disposal facility or as may be directed by the State Pollution Control Board or the Pollution Control Committee; (k) direct street,,
sweepers not to burn tree leaves collected from street sweeping and store them separately and handover to the waste collectors or agency authorised by local body; (l) provide training on solid waste management to wasteÂpickers and waste,,
collectors; (m) collect waste from vegetable, fruit, flower, meat, poultry and fish market on day to day basis and promote setting up of decentralised compost plant or bioÂmethanation plant at suitable locations in the markets or in the vicinity of",,
markets ensuring hygienic conditions; (n) collect separately waste from sweeping of streets, lanes and byÂlanes daily, or on alternate days or twice a week depending on the density of population, commercial activity and local situation; (o) set",,
up covered secondary storage facility for temporary storage of street sweepings and silt removed from surface drains in cases where direct collection of such waste into transport vehicles is not convenient. Waste so collected shall be,,
collected and disposed of at regular intervals as decided by the local body; (p) collect horticulture, parks and garden waste separately and process in the parks and gardens, as far as possible; (q) transport segregated bioÂdegradable waste to",,
the processing facilities like compost plant, biomethanation plant or any such facility. Preference shall be given for on site processing of such waste; (r) transport nonbioÂdegradable waste to the respective processing facility or material",,
recovery facilities or secondary storage facility; (s) transport construction and demolition waste as per the provisions of the Construction and Demolition Waste management Rules, 2016; (t) involve communities in waste management and",,
promotion of home composting, bioÂgas generation, decentralised processing of waste at community level subject to control of odour and maintenance of hygienic conditions around the facility; (u) phase out the use of chemical fertilizer in two",,
years and use compost in all parks, gardens maintained by the local body and wherever possible in other places under its jurisdiction. Incentives may be provided to recycling initiatives by informal waste recycling sector. (v) facilitate",,
construction, operation and maintenance of solid waste processing facilities and associated infrastructure on their own or with private sector participation or through any agency for optimum utilisation of various components of solid waste",,
adopting suitable technology including the following technologies and adhering to the guidelines issued by the Ministry of Urban Development from time to time and standards prescribed by the Central Pollution Control Board. Preference shall,,
be given to decentralised processing to minimize transportation cost and environmental impacts such as a) biomethanation, microbial composting, vermicomposting, anaerobic digestion or any other appropriate processing for bioÂstabilisation",,
of biodegradable wastes; b) waste to energy processes including refused derived fuel for combustible fraction of waste or supply as feedstock to solid waste based power plants or cement kilns; (w) undertake on their own or through any other,,
agency construction, operation and maintenance of sanitary landfill and associated infrastructure as per Schedule 1 for disposal of residual wastes in a manner prescribed under these rules; (x) make adequate provision of funds for capital",,
investments as well as operation and maintenance of solid waste management services in the annual budget ensuring that funds for discretionary functions of the local body have been allocated only after meeting the requirement of necessary,,
funds for solid waste management and other obligatory functions of the local body as per these rules; (y) make an application in FormÂI for grant of authorisation for setting up waste processing, treatment or disposal facility, if the volume of",,
waste is exceeding five metric tones per day including sanitary landfills from the State Pollution Control Board or the Pollution Control Committee, as the case may be; (z) submit application for renewal of authorisation at least sixty days before",,
the expiry of the validity of authorisation; (za) prepare and submit annual report in Form IV on or before the 30th April of the succeeding year to the Commissioner or Director, Municipal Administration or designated Officer; (zb) the annual",,
report shall then be sent to the SecretaryÂinÂCharge of the State Urban Development Department or village panchayat or rural development department and to the respective State Pollution Control Board or Pollution Control Committee by,,
the 31st May of every year; (zc) educate workers including contract workers and supervisors for door to door collection of segregated waste and transporting the unmixed waste during primary and secondary transportation to processing or,,
disposal facility; (zd) ensure that the operator of a facility provides personal protection equipment including uniform, fluorescent jacket, hand gloves, raincoats, appropriate foot wear and masks to all workers handling solid waste and the same",,
are used by the workforce; (ze) ensure that provisions for setting up of centers for collection, segregation and storage of segregated wastes, are incorporated in building plan while granting approval of building plan of a group housing society or",,
market complex; and (zf) frame byeÂlaws and prescribe criteria for levying of spot fine for persons who litters or fails to comply with the provisions of these rules and delegate powers to officers or local bodies to levy spot fines as per the bye,,
laws framed; and (zg) create public awareness through information, education and communication campaign and educate the waste generators on the following; namely: (i) not to litter; (ii) minimise generation of waste; (iii) reuse the waste to",,
the extent possible; (iv) practice segregation of waste into bioÂdegradable, nonbiodegradable (recyclable and combustible), sanitary waste and domestic hazardous wastes at source; (v) practice home composting, vermiÂcomposting, bioÂgas",,
generation or community level composting; (vi) wrap securely used sanitary waste as and when generated in the pouches provided by the brand owners or a suitable wrapping as prescribed by the local body and place the same in the bin,,
meant for nonbiodegradable waste; (vii) storage of segregated waste at source in different bins; (viii) handover segregated waste to waste pickers, waste collectors, recyclers or waste collection agencies; and (ix) pay monthly user fee or",,
charges to waste collectors or local bodies or any other person authorised by the local body for sustainability of solid waste management. (zh) stop land filling or dumping of mixed waste soon after the timeline as specified in rule 23 for setting,,
up and operationalisation of sanitary landfill is over; (zi) allow only the nonÂusable, nonrecyclable, nonÂbiodegradable, nonÂcombustible and nonÂreactive inert waste and preprocessing rejects and residues from waste processing facilities to",,
go to sanitary landfill and the sanitary landfill sites shall meet the specifications as given in ScheduleI, however, every effort shall be made to recycle or reuse the rejects to achieve the desired objective of zero waste going to landfill; (zj)",,
investigate and analyse all old open dumpsites and existing operational dumpsites for their potential of biomining and bioremediation and wheresoever feasible, take necessary actions to bioÂmine or bioÂremediate the sites; (zk) in absence of",,
the potential of bioÂmining and bioÂremediation of dumpsite, it shall be scientifically capped as per landfill capping norms to prevent further damage to the environment.",,
Duties of State Pollution Control Board or Pollution Control Committee. (1) The State Pollution Control Board or Pollution Control Committee shall, (a) enforce these rules in their State through local bodies in their respective jurisdiction",,
and review implementation of these rules at least twice a year in close coordination with concerned Directorate of Municipal Administration or SecretaryÂinÂcharge of State Urban Development Department; (b) monitor environmental,,
standards and adherence to conditions as specified under the Schedule I and Schedule II for waste processing and disposal sites; (c) examine the proposal for authorisation and make such inquiries as deemed fit, after the receipt of the",,
application for the same in Form I from the local body or any other agency authorised by the local body; (d) while examining the proposal for authorisation, the requirement of consents under respective enactments and views of other agencies",,
like the State Urban Development Department, the Town and Country Planning Department, District Planning Committee or Metropolitan Area Planning Committee, as may be applicable, Airport or Airbase Authority, the Ground Water",,
Board, Railways, power distribution companies, highway department and other relevant agencies shall be taken into consideration and they shall be given four weeks time to give their views, if any; (e) issue authorisation within a period of sixty",,
days in Form II to the local body or an operator of a facility or any other agency authorised by local body stipulating compliance criteria and environmental standards as specified in Schedules I and II including other conditions, as may be",,
necessary; (f) synchronise the validity of said authorisation with the validity of the consents; (g) suspend or cancel the authorization issued under clause (a) any time, if the local body or operator of the facility fails to operate the facility as per",,
the conditions stipulated: provided that no such authorization shall be suspended or cancelled without giving notice to the local body or operator, as the case may be; and (h) on receipt of application for renewal, renew the authorisation for next",,
five years, after examining every application on merit and subject to the condition that the operator of the facility has fulfilled all the provisions of the rules, standards or conditions specified in the authorisation, consents or environment",,
clearance. (2) The State Pollution Control Board or Pollution Control Committee shall, after giving reasonable opportunity of being heard to the applicant and for reasons thereof to be recorded in writing, refuse to grant or renew an",,
authorisation. (3) In case of new technologies, where no standards have been prescribed by the Central Pollution Control Board, State Pollution Control Board or Pollution Control Committee, as the case may be, shall approach Central",,
Pollution Control Board for getting standards specified.,,
(4) The State Pollution Control Board or the Pollution Control Committee, as the case may be, shall monitor the compliance of the standards as prescribed or laid down and treatment technology as approved and the conditions stipulated in the",,
authorisation and the standards specified in Schedules I and II under these rules as and when deemed appropriate but not less than once in a year. (5) The State Pollution Control Board or the Pollution Control Committee may give directions to,,
local bodies for safe handling and disposal of domestic hazardous waste deposited by the waste generators at hazardous waste deposition facilities. (6) The State Pollution Control Board or the Pollution Control Committee shall regulate InterÂ‐,,
State movement of waste.,,
Criteria for Duties regarding settingÂup solid waste processing and treatment facility. (1) The department inÂcharge of the allocation of land assignment shall be responsible for providing suitable land for setting up of the solid waste,,
processing and treatment facilities and notify such sites by the State Government or Union territory Administration. (2) The operator of the facility shall design and set up the facility as per the technical guidelines issued by the Central Pollution,,
Control Board in this regard from time to time and the manual on solid waste management prepared by the Ministry of Urban Development. (3) The operator of the facility shall obtain necessary approvals from the State Pollution Control,,
Board or Pollution Control Committee. (4) The State Pollution Control Board or Pollution Control Committee shall monitor the environment standards of the operation of the solid waste processing and treatment facilities. (5) The operator of the,,
facility shall be responsible for the safe and environmentally sound operations of the solid waste processing and or treatment facilities as per the guidelines issued by the Central Pollution Control Board from time to time and the Manual on,,
Municipal Solid Waste Management published by the Ministry of Urban Development and updated from time to time. (6) The operator of the solid waste processing and treatment facility shall submit annual report in Form III each year by 30th,,
April to the State Pollution Control Board or Pollution Committee and concerned local body.,,
Criteria and actions to be taken for solid waste management in hilly areas In the hilly areas, the duties and responsibilities of the local authorities shall be the same as mentioned in rule 15 with additional clauses as under: (a) Construction",,
of landfill on the hill shall be avoided. A transfer station at a suitable enclosed location shall be setup to collect residual waste from the processing facility and inert waste. A suitable land shall be identified in the plain areas down the hill within,,
25 kilometers for setting up sanitary landfill. The residual waste from the transfer station shall be disposed of at this sanitary landfill. (b) In case of nonavailability of such land, efforts shall be made to set up regional sanitary landfill for the inert",,
and residual waste. (c) Local body shall frame ByeÂlaws and prohibit citizen from littering wastes on the streets and give strict direction to the tourists not to dispose any waste such as paper, water bottles, liquor bottles, soft drink canes, tetra",,
packs, any other plastic or paper waste on the streets or down the hills and instead direct to deposit such waste in the litter bins that shall be placed by the local body at all tourist destinations. (d) Local body shall arrange to convey the",,
provisions of solid waste management under the byeÂlaws to all tourists visiting the hilly areas at the entry point in the town as well as through the hotels, guest houses or like where they stay and by putting suitable hoardings at tourist",,
destinations. (e) Local body may levy solid waste management charge from the tourist at the entry point to make the solid waste management services sustainable. (f) The department inÂcharge of the allocation of land assignment shall,,
identify and allot suitable space on the hills for setting up decentralised waste processing facilities. Local body shall set up such facilities. Step garden system may be adopted for optimum utilisation of hill space.â€,,
It is evident from Rule 2 that the Rules of 2016 have been made applicable to every urban local body, outgrowths in urban agglomerations, census towns as declared by the Registrar General and Census Commissioner of India, notified",,
areas, notified industrial townships, areas under the control of Indian Railways, airports, airbases, Ports and harbours etc. Rule 4 imposes duties of waste generators. Every waste generator under Rule 4(1)(a) is required to segregate and store",,
the waste generated by them in three separate streams namely bioÂdegradable, non biodegradable and domestic hazardous wastes in suitable bins and handover segregated wastes to the authorised waste pickers or waste collectors as per the",,
direction or notification issued by the local authorities from time to time. Under Rule 4(1)(b), the waste generator is also required to wrap securely the used sanitary waste like diapers, sanitary pads etc., in the pouches provided by the",,
manufacturers or brand owners of these products or in a suitable wrapping material, as instructed by the local authorities. It is required to place the same in the bin meant for dry waste or nonÂbioÂdegradable waste. Under Rule 4(1)(c), the",,
waste generator is required to separately store the construction and demolition waste, as and when generated, in his own premises and to dispose of the same as per the Construction and Demolition Waste Management Rules, 2016. Under",,
subÂrule (1)(d) of Rule 4, the waste generator is required to store horticulture waste and garden waste generated from his premises separately in his own premises and dispose of the same as per the directions of the local body issued from",,
time to time.,,
SubÂrule (4) of Rule 4 of the Rules of 2016 provides that no person shall organise an event or gathering of more than one hundred persons at any unlicensed place without intimating the local body, at least three working days in advance",,
and such person or the organiser of such event shall ensure segregation of waste at source and handing over of segregated waste to waste collector or agency as specified by the local body. As per subÂrule (5) of Rule 4, every street vendor",,
is required to 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. Subrule (6) of Rule 4",,
provides that all resident welfare and market associations shall, within one year from the date of notification of these 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. Similarly, under subrule (8) of Rule 4, all hotels and restaurants, within one year",,
from the date of notification of these rules and in partnership with the local body, are required to ensure segregation of waste at source as prescribed in these rules and facilitate collection of segregated waste in separate streams. SubÂrule (1)",,
of Rule 11 provides that the Secretary, Urban Development Department in the State or Union territory through the Commissioner or Director of Municipal Administration or Director of local bodies, is required to prepare a state policy and solid",,
waste management strategy for the state or the union territory in consultation with stakeholders including representative of waste pickers, self help group and similar groups working in the field of waste management. However, while preparing",,
State policy and strategy on solid waste management, the emphasis must be on the waste reduction, reuse, recycling, recovery and optimum utilisation of various components of solid waste. The Secretary, Urban Development of the State is",,
also required to ensure implementation of provisions of the Rules by all local bodies. He is supposed to direct the Town Planning Department of the State to ensure that the master plan of every city in the State or Union territory provisions for,,
setting up of solid waste processing and disposal facilities except for the cities which are the members of common waste processing facility or regional sanitary landfill for a group of cities. The Secretary is also required to ensure identification,,
and allocation of suitable land to the local bodies within one year for setting up of processing and disposal facilities for solid wastes and incorporate them in the master plans. Similarly, under Rule 12 of the Rules, the District Magistrate or",,
District Collector or as the case may be, the Deputy Commissioner, is required to facilitate identification and allocation of suitable land as per clause (f) of rules 11 for setting up solid waste processing and disposal facilities to local authorities in",,
his district in close coordination with the SecretaryÂinÂcharge of State Urban Development Department within one year from the date of notification. The duties of Central Pollution Control Board and State Pollution Control Board are,,
provided under Rule 14 of the Rules, as quoted, hereinabove. Rule 15 of the Rules lays down the duties and responsibilities of local authorities and village Panchayats of census towns and urban agglomerations. The local authorities and",,
Panchayats are required to prepare a solid waste management plan as per the state policy and strategy on solid waste management within six months from the date of notification of state policy and strategy and submit a copy to respective,,
departments of State Government or Union territory. They are also required to arrange door to door collection of segregated solid waste from all households including slums and informal settlements, commercial, institutional and other non",,
residential premises etc. They are also supposed to frame byeÂlaws incorporating the provisions of the Rules within one year from the date of notification of these Rules and also to create public awareness among the citizens of the State.,,
Under Rule 16 of the Rules, the duties of State Pollution Control Board or Pollution Control Committee have been prescribed. There is a separate rule i.e. Rule 20 dealing with the criteria and actions to be taken for solid waste management in",,
hilly areas.,,
The Central Government has framed the Rules called as BioÂMedical Waste Management Rules, 2016 (hereinafter to be referred as the ‘Rules of 2016’). These Rules have come into force w.e.f. 28.3.2016. Rule 3 of the Rules is",,
the dictionary clause. The duties of operator of a common bioÂmedical waste treatment and disposal facility are provided under Rule 5 of the Rules of 2016. The duties of authorities are provided under Rule 6.,,
Rule 4 of the Rules, which defines the duties of the Occupier, reads as under:",,
“4. Duties of the Occupier. It shall be the duty of every occupier toÂ,,
(a) take all necessary steps to ensure that bioÂmedical waste is handled without any adverse effect to human health and the environment and in accordance with these rules;,,
(b) make a provision within the premises for a safe, ventilated and secured location for storage of segregated biomedical waste in colored bags or containers in the manner as specified in Schedule I, to ensure that there shall be no secondary",,
handling, pilferage of recyclables or inadvertent scattering or spillage by animals and the biomedical waste from such place or premises shall be directly transported in the manner as prescribed in these rules to the common bioÂmedical waste",,
treatment facility or for the appropriate treatment and disposal, as the case may be, in the manner as prescribed in Schedule I;",,
(c) preÂtreat the laboratory waste, microbiological waste, blood samples and blood bags through disinfection or sterilisation onsite in the manner as prescribed by the World Health Organisation (WHO) or National AIDs Control Organisation",,
(NACO) guidelines and then sent to the common bioÂmedical waste treatment facility for final disposal;,,
(d) phase out use of chlorinated plastic bags, gloves and blood bags within two years from the date of notification of these rules;",,
Activity,Timeline,
Revision of DPR,By 8th March 2018,
Technical Sanction
of DPR by MJP",By 15th March 2018,
Approval of DPR by
HPC",By 17th March 2018,
Release of State
share",By 21st March 2018,
Release of central
share",By 30th April 2018,
DPR
implementation
by Aurangabad
Municipal
Corporation","• Segregation, collection
& Transportation:Â 3 months
• Decentralized /centralized
composting:Â Â Â Â Â Â Â 3 months
• BioÂgas plant:   6 months
• Scientific
landfill :Â Â Â Â Â Â Â Â 8 months",
,"• Scientific closure of legacy
dump at
Naregaon:Â Â Â Â Â Â Â Â 12 months",