Framing policy on Waste Management failed, SC Bans Construction Work

The Supreme Court on Friday slammed some states and union territories for not framing proper policy on solid waste management and stayed further constructions in those places till they brought it out. A bench, headed by Justice MB Lokur, imposed a fine of Rs 3 lakh each on the states and the union territory. The Supreme Court also imposed a cost of Rs 5 lakh on Andhra Pradesh.
Slapping varied fines on some state governments and union territory (UT) administrations, a bench of Justices Madan B Lokur and S Abdul Nazeer said, “if they want the people to live in dirt, filth and garbage, what can be done then.”
In case, states have cleanliness, sanitation and interest of the people in mind, they should frame a policy for solid waste management rules, the order said. “The attitude of the states/union territories in not yet framing a policy even after two years is pathetic, to say the least.”
The court said it was “unfortunate” that states and UTs, including Maharashtra, Madhya Pradesh, Uttarakhand and Chandigarh, had not yet framed any policy under the 2016 Solid Waste Management Rules, even after the passage of two years.
“In case the states have the interest of the people in mind and cleanliness and sanitation, they should frame a policy in terms of the Solid Waste Management Rules so that the states remain clean,” the bench said.
“The attitude of the states/union territories in not yet framing a policy even after two years is pathetic, to say the least,” the court said, adding, “Further constructions in the states/union territories stay until the policy is framed.”
The issue of waste management had cropped up when the court was dealing with a tragic incident of 2015 in which it had taken cognisance of the death of a seven-year-old boy due to dengue in Delhi. The victim was allegedly denied treatment by five private hospitals and his distraught parents had subsequently committed suicide.
At Friday’s hearing, the court imposed a cost of Rs five lakh on Andhra Pradesh for not filing an affidavit as per the court’s July 10 direction and observed that even the Centre was not aware whether the state had framed the policy. The bench also slapped a cost of Rs three lakh each on Madhya Pradesh, Maharashtra, Uttarakhand and union territory of Chandigarh for not framing the state policy and not complying with its orders.
It also noted that states including Bihar, Tamil Nadu and Arunachal Pradesh have deposited the costs imposed on them by the court on 10 July. The court had imposed the costs as some of the states had not filed affidavits while some of them were not represented through lawyers during the hearing on 10 July.
At the hearing on Friday, Additional Solicitor General (ASG) ANS Nadkarni, appearing for the Centre, placed before the court the details received by the Centre from the states and UTs on solid waste management.
The counsel for Madhya Pradesh told the court that they had provided an action plan to the Centre on the issue along with their affidavit. Similarly, the Uttarakhand counsel also told the court that their action plan contained all the steps that they have taken in the matter. The court listed the matter for further hearing on 9 October.
“State policy is something different. The action plan can have anything. You have to frame a state policy under the Rules,” the bench observed. The apex court had earlier taken strong note of non-implementation of solid waste management rules in the country and observed that “India will one day go down under the garbage”.
The apex’s court’s intention is good, but the blanket ban on construction will choke supply and impact home seekers, said Niranjan Hiranandani, president of the National Real Estate Development Council. “Homebuyers will suffer just because some state governments have not formally notified the policy,” he said. “Perhaps, it would have been better if the court would have penalised the state administration and barred new construction while allowing ongoing projects to be completed.” The ban on construction is expected hurt the cement and steel industries.
