ALMITRA H PATEL Vs. U O I

JUDGEMENT

(1.) The Ministry of Urban Development and Poverty Alleviation, Department of Urban Development, by order dated 19.05.2004 constituted a Technical Sub-Group of Inter-Ministerial Task Force on Integrated Plant Nutrient Management using city compost for preparation of appropriate plant design and specifications for compost plants. Mr. A. D. N. Rao, learned counsel, submits that the Technical Sub-Group has not yet submitted its recommendations to the Task Force and it is expected to be submitted within a fortnight and, therefore, the Task Force would submit its report to Union of India.

(2.) We find that the Central Government has also not responded to the matters dealt with in the order dated 3.02.2004. Still further, some of the States have sought eighty per cent central assistance for implementation of the project. Reference in this regard can be made to the affidavit dated 18.06.2004 filed by the State of West Bengal in this Court on 17.07.2004. A copy of that affidavit shall be supplied to Mr. A. D. N. Rao. On all these aspects, the Central Government shall file a composite affidavit, within eight weeks. It shall also file its response to the recommendations contained in the Annual Report (2002-2003) on Implementation of Municipal Solid Wastes (Management and Handling) Rules, 2000 (MSW Rules) filed by CPCB, annexed to the affidavit of CPCB dated 3.03.2004.

(3.) In the Annual Report above-referred, the status of issuance of authorisation by various State Boards as on February, 2004 has been enumerated in Annexure-II. The details of various States are enumerated in the Annual Report 2002-2003. Mr. Sanjiv Sen, learned counsel appearing for the petitioner, points out that the report shows a large scale non-compliance of provisions of MSW Rules. It is stated that out of 3,954 local bodies in various States, the Annexure-II shows that only 813 applications were received and only 403 authorisations were granted. The State Governments/ U.Ts. shall respond to the position emerging from the Annual Report and also pointed out as above on behalf of the petitioner.