It has been more than a year now since a matter related to unscientific waste disposal into Wullar lake by Municipal Council Bandipora was taken up in Supreme Court and a two-member bench of Justices Ajay Rastogi and C T Ravikumar castigated the municipal council for playing with the lives of people. As a stakeholder in this case, I was of the firm belief that within some months the Directorate of Urban Local Bodies Kashmir would set up scientific waste management plant in the Bandipora town to address this menace but even after one year, we see Wullar being choked around the Bandipora town as untreated solid and liquid waste continues to be dumped on the banks of this lake which is a Ramsar site of international repute.
On October 19th 2022, the SC double-bench dismissed an appeal filed by Chief Executive Officer (CEO) of the Municipal Council Bandipora against the imposition of environmental compensation of Rs 64.21 lakh for unscientific dumping and disposal of solid waste. The compensation was earlier imposed by the J&K Pollution Control Board (now known as JK Pollution Control Committee) on February 9th 2021.
The Municipal Council Bandipora had moved an appeal before the National Green Tribunal (NGT) against the said order. They sought exemption from paying the fine but the Tribunal on 21.10. 2021 dismissed the appeal and directed the municipal body to pay the penalty money. After this, the Municipal Council Bandipora went to Supreme Court of India but the apex court dismissed the appeal outrightly. The compensation money was paid as per sources but the unscientific waste continues to be dumped near the Wullar and other places of Bandipora town.
Rs 6 crore to be spent on SWM plant
In August last year, the Chief Planning Officer (CPO) Bandipora, Imtiyaz Ahmad, had said that a scientific waste management plant had been sanctioned at the cost of Rs 6 crores. However, even after 15 months, the work on this plant is yet to start. Infact, the expression of interest -EOI was invited last year as per media reports but work has not been taken up at all. A few days back, another news report circulated in the media, wherein it was said that District Administration Bandipora was going to start waste management on scientific lines around Zalwan site near Wullar lake but these are only the statements and nothing substantial is happening. I have been following this case for the last 4 ½ years in the National Green Tribunal -NGT but it seems that the local administration in Bandipora, especially the Urban Local Bodies Kashmir, have not prioritized this work.
Background of the case
In March 2019, this author moved a formal petition in the National Green Tribunal (NGT) against unscientific dumping of municipal solid waste by Bandipora Municipal Council at Zalwan Nussu area in the outskirts of the town. I had visited the area several times and found lots of waste being dumped in violation of MSW Rules 2016. Ironically, the waste was being unscientifically dumped by the Municipal Council Bandipora which was supposed to enforce the MSW Rules 2016 on ground.
In addition to the municipal waste dumping in Wullar lake around Bandipora, I also raised the issue related to waste dumping and illegal encroachment of Hokersar and Kreechu Chanhara wetlands as well before the NGT in the same petition.
On August 27th 2020, the NGTs Principal Bench issued a detailed order asking the National Wetlands Committee to compile data of status of compliance of environmental norms in respect of all significant wetlands in the country to ensure remedial action. The Divisional Commissioner Kashmir was asked to ensure scientific solid waste management near wetlands and utilization of SBM Gramin funds for the same which was in-fact my suggestion to the NGT.
As the order was not implemented in letter and spirit, the J&K Pollution Control Board on 9.2.2021 issued a penalty notice directing MC Bandipora to pay Rs 64. 21 lakhs under Polluter Pays Principle as per approved guidelines of the Central Pollution Control Board and the National Green Tribunal (NGT)
The Order reads:
“Whereas, on continuous failure on part of the Executive Officer Municipal Committee Bandipora to dispose of solid waste in a scientific manner a show cause notice for levying of Environmental Compensation, in light of the directions of the Hon’ble National Green Tribunal was served upon Executive Officer Municipal Committee Bandipora vide No. PCB/LSK/489/020/124-130 dt. 26.06.2020, calling upon him there to show reasons within fifteen (15) days as to why Environmental Compensation be not levied upon him for these blatant violations of Environmental Laws. Now, therefore, in view of foregoing back ground Environmental Compensation under Polluter Pays Principle as per approved guidelines of the Central Pollution Control Board and the Hon’ble National Green Tribunal, to the tune of the Rs.64,21,000/- is hereby levied upon Executive Officer Municipal Committee, Bandipora for violation of Solid Waste Management Rules, 2016 for the period commencing from the date show cause notice dated 26.06.2020 to 25.09.2020 i.e. the date of latest report of Regional Director, PCB, Kashmir”
Municipal Council Bandipora went to NGT to challenge the PCB’s order. The NGT’s four-member Principal Bench headed by Justice A K Goel on October 21st 2021 dismissed the appeal with the following observations:
“In view of the above, no interference is called for with the above order. However, the amount recovered may be utilized for restoration of the environment by preparing an action plan with timelines by a joint Committee comprising State PCB and District Magistrate, Bandipora. The plan may be prepared within two months and executed within the stipulated timeline. The plan may take into account plans already prepared for protecting the water bodies/wetlands in compliance with the order of the Tribunal dated 22.07.2021 in O.A. No. 351/2019, Raja Muzaffar Bhat v. State of Jammu and Kashmir & Ors. The appeal is disposed of”
Failing to get any relief from NGT the Municipal Council Bandipora filed an appeal before the Supreme Court of India. The Supreme Court bench of Justices Ajay Rastogi and CT Ravi Kumar in the order said that court finds no ground to interfere with the impugned order passed by the National Green Tribunal. While castigating the Municipality the SC in its order said:
“Is it the way you deal with matters? Is it the consciousness of your state? You cannot play with the lives of the people. Deposit the fine.”
Misleading NGT with wrong information
The officials of Urban Local Bodies (UBLs) have failed to comply with scientific waste management rules across J&K. I don’t see even a single municipal body where waste is managed as per MSW Rules 2016. In Chadoora town, almost 100% door to door collection of waste is undertaken after NGT penalized them with Rs 50 lakhs penalty last year. The waste management plant is also operational and I appreciate the work done by the local President of the Municipality and his staff but when it comes to collecting the waste in a segregated manner that hasn’t been achieved.
Infact, the Housing and Urban Development Department J&K filed an inaccurate affidavit before NGT in my case, on November 21st 2023, claiming that 92% waste is being collected from Chadoora town in a segregated manner. This is not true, as per my information.
Conclusion
Wular is our identity and is an important constituent of Kashmir valley’s collective biodiversity. The solid and liquid waste is choking it from different sides and the silt and solid waste transported via Jhelum is also impacting its health.
In the past too, I have written extensively on Wullar lake and sought judicial intervention for the same. The Wullar is still getting choked from its east shore which needs to be addressed. Waste from Bandipora town is largely impacting Wullar which needs urgent action.
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Garbage is Choking Wullar Around Bandipora
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28.11.2023
It has been more than a year now since a matter related to unscientific waste disposal into Wullar lake by Municipal Council Bandipora was taken up in Supreme Court and a two-member bench of Justices Ajay Rastogi and C T Ravikumar castigated the municipal council for playing with the lives of people. As a stakeholder in this case, I was of the firm belief that within some months the Directorate of Urban Local Bodies Kashmir would set up scientific waste management plant in the Bandipora town to address this menace but even after one year, we see Wullar being choked around the Bandipora town as untreated solid and liquid waste continues to be dumped on the banks of this lake which is a Ramsar site of international repute.
On October 19th 2022, the SC double-bench dismissed an appeal filed by Chief Executive Officer (CEO) of the Municipal Council Bandipora against the imposition of environmental compensation of Rs 64.21 lakh for unscientific dumping and disposal of solid waste. The compensation was earlier imposed by the J&K Pollution Control Board (now known as JK Pollution Control Committee) on February 9th 2021.
The Municipal Council Bandipora had moved an appeal before the National Green Tribunal (NGT) against the said order. They sought exemption from paying the fine but the Tribunal on 21.10. 2021 dismissed the appeal and directed the municipal body to pay the penalty money. After this, the Municipal Council Bandipora went to Supreme Court of India but the apex court dismissed the appeal outrightly. The compensation money was paid as per sources but the unscientific waste continues to be dumped near the Wullar and other places of Bandipora town.
Rs 6 crore to be spent on SWM plant
In August last year, the Chief Planning Officer (CPO) Bandipora, Imtiyaz Ahmad, had said that a scientific waste management plant had been sanctioned at the cost of Rs 6 crores. However, even after 15 months, the work on this plant is yet to start. Infact, the expression of interest -EOI was invited last year as per media reports but work has not been taken up at all. A few days back, another news report circulated in the media,........
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