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Timeline of two years expired since the Rules on Solid Waste Management Rules came into being. The relevant rules were enacted in April 2016. Timeline of three years would expire by April 2019. However, the NGT had ordered for the effective Solid Waste Management having regard to the statistics, which shows that India generates about 150,000 tons of Municipal Solid Waste every day, and only 85% of it is collected, and less than 30% of it is treated.
Relying on the polluters’ pay principle, the NGT warned the State authorities to ensure compliance with the SWM rules, 2016, and in the event of failure, the responsible state authorities would be liable for the reparation of the damages. The NGT, in its order, stated that passing of orders without their execution would defeat the very purpose of the NGT. Additionally, Justice AK Goel took notice of the Central Pollution Control Board annual report of 2018. The NGT also observed that the issue continues to persist despite the tribunal’s intervention and Swachh Bharat Abhiyan mission.
Earlier in August 2018, the tribunal had established a monitoring committee for Southern, Northern and Western zones to assure compliance with the necessary rules in various public places such as railway junctions, tracks, bus stands etc. Although the committee had different levels and different goals, the tribunal used to hold interactive sessions with the members of the apex and regional monitoring committees. Since the interactions proved ineffective, the tribunal has appointed a Retired Judge for every state and union territory.
The tribunal has directed the district collectors strictly to make submissions every month on this matter to the respective State level committee and State Urban Development Department. The NGT directed the CPCB to formulate Standard Operating Procedure after finding the methods to effectively dispose biowaste within a month. Constitution of Special Task Force in every state and union territory comprising of 3 members one each nominated by District Magistrate, Superintendent of Police, Regional Officer of the State Pollution Control Boards in the respective districts; and another nominated under the District Legal Services Authority (DLSA) for spreading awareness of the SWM Rules, 2016 in educational, religious and social institutions.
Unlike in the previous cases, the NGT directed the chief secretaries of all the states and union territories to make their presence before the tribunal for reviewing the circumstances. The Tribunal opined that the top bureaucrats must exhibit the level of progress on this matter, seeing which the same development model can be adopted by other states. Therefore, the tribunal strictly ordered for the personal presence of the Chief Secretaries concerned whereby curbing the scope of delegation. The Chief Secretaries are mandated to be present from 3rd March to 2nd May before the bench.
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