(1.) THIS writ petition has been filed in public interest. It paints a grim picture about the failure of the civic agencies in regard to the solid waste management in Delhi giving the capital of this country the dubious distinction of being the dirtiest city in the world. It points out that according to a study conducted by the Central Pollution Control Board, the gap between the waste generation and management will rise to 64% by 2021 from the present level of 40%, having regard to the current population growth and the change in urban life style. The petition alleges that landfill sites are packed with a mixture of non-biodegradable and toxic waste resulting in contamination of the ground water on account of the considerable leaching of the solid wastes from these areas. It also leads to atmospheric pollution and contamination and is thereby a great threat to the health of the citizens. It proposes effective measures at the grass root level in fiscal and non-fiscal areas to reduce the production and consumption of non-biodegradable material and the hazards arising out of the same. In particular, it refers to the problems arising out of use of plastic bags in general which are posing major environmental hazard. Inadequacy of the statutory provisions also is emphasized by the petitioner according to whom the legislation including the rules framed thereunder need to be strengthened by suitable amendments to face the challenge arising from the unregulated and unhindered use of plastic as a packaging material resulting in growth of waste garbage which civic agencies are unable to handle. It alleges that plastic waste, when disposed of, remains in the environment as it is non-biodegradable and enters the food chain thereby resulting in health risks to the citizens. Inadequate refuse collection and disposal system also contributes to the seriousness of the problem. Disposal of plastic waste in streams, canals, water bodies or by burning compounds the problem. The absence of any awareness campaign or regulatory control by the civic agencies to prevent littering of plastic bags, packaged beverages, water bottles, plastic cutlery, plastic plates used in airlines, railways, wedding parties, mass gatherings at fast food joints also contributes to a great extent to the seriousness of the challenge arising out of environmental degradation. The petition points out that when plastics are burnt, they release a deadly mix of chemicals to the atmosphere notably dioxin and other poisonous chemicals. Dioxin is said to be a persistent organic pollutant which causes cancer. It is released every time chlorinated plastics are produced or combusted. They travel thousand of miles and go up the food chain causing health hazards for humans. Absence of any scientific recycling facilities, poor working conditions, unskilled workforce for such recycling process also add to the problem. There is, according to the petitioner, no solid based policy in the country. In any case the policy is ineffective insofar as managing the problems arising out of waste management in Delhi is concerned. The petition, therefore, prays for directions for upgrading the waste management system, effective means to curb the tendency to generate needless waste by strict legislative measures and also by educating the people at large about the hazards to environment arising out of absence of a scientific waste management programme. It prays for a mandamus directing the respondents to amend the provisions of the Delhi Plastic Bag (Manufacture, Sales and Usage)and Non-Biodegradable Garbage (Control) Act, 2000 and the Rules framed thereunder so as to ensure that the same apply and extend not only to prohibition but also to the manufacture and sale of all plastic bags in general.
(2.) THE respondents have appeared and filed their counter affidavits. According to the respondents Municipal Waste Management and Handling Rules, 2000 framed under the Environment (Protection) Act, 1986 regulate the non-biodegradable waste especially plastic. Recycling of plastic is, in turn, undertaken as per the provisions of Recycled Plastics Manufacture and Usage rules, 1999 as amended in 2003. Rule 6 of the said Rules requires that recycling of plastic shall be undertaken strictly in accordance with Bureau of indian Standards Specifications : IS 14534:1998.
(3.) IN the affidavit filed by Sh. U. Sridharan, Additional Director, ministry of Environment and Forests, Government of India, on 10th March, 2005, it is inter alia pointed out that in compliance with an order of this Court dated 10th November, 2004 the Ministry of Environment and Forests has issued the recycled Plastics Manufacture and Usage Rules, 1999 regulating and managing plastic bags. These rules subsequently amended in 2003 are essentially meant to regulate carry bags to be used/manufactured in addition to the already stipulated minimum thickness of 20 microns. The affidavit claims that wide publicity was given to the notifications on the subject and that several states have published their separate set of rules to control non-biodegradable garbage. The Ministry had also placed the rules on its website for use by the general public. The affidavit refers to various initiatives taken for propagating plastic Rules and increasing the awareness on plastics through various state agencies apart from sponsoring a programme by the name "bhoomi" on "doordarshan" and "yeh Gulistan Hamara" on the All India Radio. Enclosed with the affidavit is Annexure 1 which deals with the steps taken by various states in the country including Delhi where public notices in Hindi and English are said to have been issued and the Delhi Plastic Bag (Manufacture, Sales and Usage) and Non-Biodegradable Garbage (Control) Act, 2000 brought on the statute book to manage plastic waste.