11. MANAGEMENT OF SOLID WASTE IN CLASS-I CITIES – Writ Petition (Civil) No.888/1996 (Almitra H.Patel Vs Union of India & Ors.)

This writ petition was filed by Ms. Almitra H.Patel regarding management of solid waste in Class-I cities. In its petition the petitioner alleged that the practices adopted by the municipalities for disposal of garbage in urban areas were faulty and deficient. The management of solid waste by the municipalities had direct impact on the health of the people in the country. The petitioner had appreciated the guidelines and recommendations made by the Central Pollution Control Board for the management of municipal waste. In its reply, the Central Pollution Control Board submitted that the responsibilities of management of solid waste were vested with the municipal corporations of the municipalities which are under the administrative control of respective states/union territories. At the central level, the Ministry of Urban Affairs is the nodal Ministry to deal with the matters relating to municipal solid wastes. The Central Pollution Control Board itself has taken several initiatives for improvement, collection, transportation disposal and utilization of municipal solid wastes. On the basis of the replies of the various departments, Central/State Pollution Control Boards and concerned State Government, the Hon’ble Supreme Court on 16.1.1998 directed to constitute a committee to look into all aspect of solid wastes management in Class-I cities of India. The Chairman of the Committee was nominated Shri Asim Barman. The said committee has submitted its report in the month of March 1999 before the Supreme Court for consideration. The committee made several recommendations including technical aspects also for the management of solid waste in class I cities. The recommendations have further categorized under three heads (i) mandatory recommendations for citizens/associations; (ii) mandatory recommendations for local bodies/state Governments; and (iii) Discretionary recommendations for urban local bodies. On the basis of the report of the committee, draft rules known as the Management of Municipal Solid Wastes (Management and Handling) Rules, 1999 were framed and circulated to all the State Governments for their suggestions and w.e.f. 25.9.2000 the Municipal Solid Wastes (Management and Handling) Rules, 2000 came in to effect.

In pursuance of the Hon’ble Supreme Court’s order, dated 24.11.1999 the Central Pollution Control Board carried out inspections and submitted a comprehensive report with regard to five cities (Bangalore, Calcutta, Chennai, Delhi and Mumbai) in the Supreme Court. In its report, the Central Pollution Control Board gave their observations in the implantation of the recommendations, mentioned in the Barman Committee (Constituted by the Hon’ble Supreme Court). The matter is pending in the Supreme Court for consideration.