PRABHAKAR NARAYAN KELKAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner has filed this probono publico petition for issuance of directions to the respondents to make compliance of the rules named Municipal Solid Waste (Management & Handling) Rules, 2000.

(2.) THE petitioner is a practicing lawyer. He was elected as Councilor of Municipal Corporation, Gwalior for three terms. The petitioner pleaded that it is the duty of the Municipal Corporation for collection, storage, segregation, transportation, processing and disposal of Municipal Solid Waste. For the aforesaid purpose, rules have been framed. The petitioner further pleaded that the Municipal Corporation, Gwalior failed to comply the provisions of rules and has not taken effective steps in regard to solid waste management. The corporation also failed to clean the city and the garbage is lying over the roads it could be seen easily.

(3.) THE Central Government in exercise of powers conferred under Sections, 3,6 and 25 of the Environment (Protection) Act, 1986, framed the rules named ­ The Municipal Solid Wastes (Management and Handling) Rules, 2000 (hereinafter shall be referred to as the 'Rules of 2000') to regulate the management and handling of the municipal solid waste. Rule 3 (xv) of the Rules of 2000 define the 'municipal solid waste', which is as under :-