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Consider Dissolving BBMP For Failure To Follow Solid Waste Management Rules:Karnataka HC Tells Govt
Mustafa Plumber
1 Nov 2019 8:31 PM IST
The Karnataka High Court has directed the State Government to consider whether action of dissolving the Bruhat Bengaluru Mahanagara Palike (BBMP) deserves to be taken under Section 99(1) of Karnataka Municipal Corporations Act, for making persistent defaults in the performance of its duties imposed by Municipal Solid Waste (MSW) Rules, 2000 and Solid Waste Management Rule, 2016 and...
The Karnataka High Court has directed the State Government to consider whether action of dissolving the Bruhat Bengaluru Mahanagara Palike (BBMP) deserves to be taken under Section 99(1) of Karnataka Municipal Corporations Act, for making persistent defaults in the performance of its duties imposed by Municipal Solid Waste (MSW) Rules, 2000 and Solid Waste Management Rule, 2016 and the other Rules framed under the Environment (Protection) Act, 1986.
A division bench of Chief Justice Abhay Oka and Justice S R Krishna Kumar gave the direction while hearing a bunch of petitions highlighting the non-compliance of rules and illegal dumping of unprocessed solid waste by the corporation, in quarries, causing damage to the environment. It said,
"Considering the complete failure to implement both the Rules, there is a gross violation of fundamental rights of the citizens under Article 21 of the Constitution of India in the city. If there is a consistent failure on the part of the BBMP to comply with the SWM Rules of 2016 and even C and D waste Management Rules and if generation of the solid waste continues to increase, it will cause an ecological disaster."
Out of the average generation of the solid waste, in Bengaluru of about 5700 tonnes per day, more than 4400 tonnes of solid waste per day is being illegally disposed/dumped. Also, C and D waste is being dumped in the city without there being any facility available for processing the same.
Justice Oka said,
"Though 19 years have gone by after the MSW Rules, 2000 were enacted, today the situation in the city of Bengaluru, which is stated to be a 'garden city', is that more than 3/4th of daily generation of solid waste is being illegally dumped by the Bruhat Bengaluru Mahanagara Palike (for short 'the BBMP') without scientifically processing it."
The bench has directed State and BBMP to file compliance reports by December 18, on enumerating steps taken for compliance of SWM Rules. It said,
"Depending upon the progress made which can be seen from the compliance report, the Court will consider the question of passing a drastic order of imposing embargo on grant of building permissions by the BBMP."
The compliance report will also have to deal with the aspects of disposal of E-waste, plastic waste, bio-medical waste, hazardous waste and other wastes as provided in the various Rules. Karnataka State Pollution Control Board is free to take action against BBMP and all concerned for violation of law and pendency of these petitions will not operate as any restriction.
