ALMITRA H PATEL Vs. U O I

JUDGEMENT

(1.) Pursuant to our order dated 26.07.2004, some of the States and Union Territories as also the Central Government have filed affidavits. Those States/UTs who have not filed the affidavits are directed to file the same in compliance of the order dated 26.07.2004, within four weeks.

(2.) The Municipal Solid Wastes (Management and Handling) Rules have been enforced for the last about four years, but lot deserves to be done in implementation of those Rules. In the affidavit filed by the Ministry of Urban Development, it is, inter alia, stated in para 8.3 that MOEF has written to all State Pollution Control Boards (SPCBs) requesting them to formulate time bound action plan for management of municipal solid waste in respect of metro cities and State capitals and has also addressed that issue in the 50th Conference of Member Secretaries and Chairman of all SPCBs/PCCs (Pollution Control Committees) held in March, 2004 at Delhi. It is necessary and appropriate to make a beginning that an action plan for management of MSW in respect of metro cities and State capitals is prepared by Ministry of Urban Development in consultation with all concerned, including Ministry of Environment and Forest and the Central Pollution Control Board so that the implementation based on the said plan, can commence without any further delay in the State capitals and metro cities to be followed by other cities. We direct the Central Government to examine the matter at the earliest, since considerable time has already elapsed since the matter was addressed in the Conference of March, 2004. The proposed action plan shall be filed in court within six weeks.

(3.) The petitioner has handed over a note in Court showing the progress that has been made in some of the States and also setting out some of the suggestions, including the suggestion for creation of Solid Waste Management Cell, so as to put a focus on the issue and also to provide incentives to those who perform well as was tried in some of the States. The said note states as under: