Solid Waste 'Mismanagement' In Assam: Gauhati High Court Seeks Response From Union Environment Ministry, CPCB

The Gauhati High Court recently asked the Union Environment Ministry and the Central Pollution Control Board to file their response in a bunch of PILs alleging mismanagement of solid waste in Assam.

The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam further directed the Pollution Control Board, Assam and the State's Housing and Urban Affairs Department to also file additional affidavits regarding the issues raised by the amicus in the matter.

During the hearing, the amicus apprised the Court that the issue of solid waste management was taken up by the National Green Tribunal (NGT) and vide order dated January 02, 2017, several directions were issued to the Central Government and all the State Governments to take effective steps. The Supreme Court has also dealt with the issue and given directions for compliance of NGT order.

It was submitted that under the Solid Waste Management Rules, 2016 (the Rules of 2016), the Central Government, Central Pollution Control Board, State Governments and State Pollution Control Boards have been entrusted with several responsibilities to take effective measures for dealing with the menace of solid waste management.

It was further submitted that from the affidavit filed on behalf of the State of Assam, it is not clear whether any State Level Advisory Board has been constituted or any policy has been framed under Rule 11 of the Rules of 2016.

It was argued that CPCB, SPCB, Union Environment Ministry and State's Housing and Urban Affairs Department have not been made parties in the pending PILs.

Thus, the Court impleaded the following party respondents in these PILs:

1. Ministry of Environment and Climate Change, Union of India, through its Secretary;
2. Central Pollution Control Board;
3. the Pollution Control Board, Assam;
4. the Housing and Urban Affairs Department, Government of Assam;
5. the Chief Secretary of the State of Assam

The Court further directed the Ministry of Environment and Climate Change, Union of India as well as the Central Pollution Control Board; Pollution Control Board, Assam and the Housing and Urban Affairs Department, Government of Assam to file additional affidavit(s) regarding the issues raised by D.K. Das, Amicus Curiae, by next date of hearing.

The matter is listed again on August 05.

Case Title: Sri Anil Chetri & 2 Ors. v. The State of Assam & 9 Ors.

Case No.: PIL/50/2016

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