- Almitra H. Patel & Ors. V. Union of India
- Hon’ble Judges: M.B.Shah, B.N.Kirpal, D.P.Mohapatro
- Citation: JT 1999 (10) SC 332
Contentions raised by the Applicant
- When every single day, tons of garbage is thrown on roads, waterbodies, etc. the applicant observes that no city or town takes an initiative to maintain hygiene and adopt effective ways to manage waste.
- The applicant in the present case sought directions for taking immediate action to improve the practices that are presently adopted for collection, storage, transportation, disposal, treatment and recycling of Municipal Solid Waste ( MSW).
- According to the applicant, it is necessary that uniform national standards and practices be put into practice to avoid a negative impact on the lives of the citizens.
- The applicant points out that the respondents have to abide by their duty and adopt proper measures to manage the disposal of MSW.
- Various reports such as the National Commission on Urbanization report have be referred to by the applicantto support her contentions.
- Various improvements and suggestions were put forward by the applicant.
Contentions raised by the Respondents
- The State of Punjab contended that it had divided the entire state into eight clusters and in each cluster the proposal was to establish a Waste to Energy Plant for collection and disposal of MSW to generate energy. According to them, the Rules of 2000 were properly implemented.
- Most of the states contended that they are following the cluster based system except Andaman and Nicobar Islands are it is not economically viable for them.
- The States of Tamil Nadu, Arunachal Pradesh, Sikkim, Madhya Pradesh, Chandigarh, Odisha submitted that Solid Waste Processing Plants in their State are in operation and consent to establish for Waste to Energy plant had been granted.
- In Chhattisgarh, Solid and Liquid Resources Centre has been setup, with a proposal to set up Waste to Energy Plant in that State.
- In Lakshadweep, Bio gas Plant has been set up and is functioning
- In Maharashtra, some Urban Local Bodies (for short, ‘ULBs’) have put up plants
- In Sikkim, there is no Plant for segregation. Andhra Pradesh has 18 vermi composting plants.
Judgment
The Tribunal held that all the States should comply with the Solid Waste Management Rules, 2016 (Rules of 2016) without any further delay and demur as the State government and the local authorities have failed to perform their statutory and constitutional obligations. The Tribunal has also put a complete ban on open burning of waste land lands. It was also held that all the stakeholders, particularly the local authorities have to ensure proper collection, segregation, transportation and disposal of solid waste to ensure that the country tackles the problem effectively and ensure that there is no environmental pollution and avoid adverse impacts on public health and direction was issued so that there is proper segregation before processing waste in energy plants and buffer zones to be provided and
