Supreme Court Order Staying Further Constructions In States/Union Territories Until Solid Waste Management Policy Is Framed

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The Supreme Court has in order dated 31st August 2018 stayed further constructions in the States/Union Territories until the Solid Waste Management Policy is framed.

The Supreme Court held that it is unfortunate that some States and Union Territories have not yet framed any Policy under the Solid Waste Management Rules, 2016.

It was pointed out by the Supreme Court that 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.

It was held by the Supreme Court that the attitude of the States/Union Territories in not yet framing a Policy even after two years is pathetic, to say the least.

ITEM NO.60 COURT NO.3 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SMW (C) No(s).1/2015

IN RE: OUTRAGE AS PARENTS END LIFE AFTER CHILDS DENGUE

Date : 31-08-2018 This petition was called on for hearing today.

CORAM :
HON’BLE MR. JUSTICE MADAN B. LOKUR
HON’BLE MR. JUSTICE S. ABDUL NAZEER

UPON hearing the counsel the Court made the following

O R D E R

It is stated that the States of Bihar, Jammu and Kashmir, Tamil Nadu, Kerala and Arunachal Pradesh have deposited the costs.

Andhra Pradesh

The affidavit in terms of the order dated 10th July, 2018 has not been filed.

The Union of India is not aware whether the State Policy has been framed by the State of Andhra Pradesh since the affidavit has not been filed.

In any event, no one is present on behalf of the State of Andhra Pradesh to assist us. However, an appearance slip has been given on behalf of the advocate who is not present.

Costs of Rs.5,00,000/- (Rupees five lakhs only) is imposed on the State of Andhra Pradesh to be deposited with the Supreme Court Legal Services Committee within two weeks for utilization of juvenile justice issues.

U.T. of Chandigarh

The Union Territory of Chandigarh has not framed its State Policy.

Even there is no appearance on behalf of the Union Territory of Chandigarh. However, an appearance slip has been given on behalf of the advocate who is not present.

Costs of Rs.3,00,000/- (Rupees three lakhs only) is imposed on the Union Territory of Chandigarh to be deposited with the Supreme Court Legal Services Committee within two weeks for utilization of juvenile justice issues.

Kerala

As prayed for, two weeks’ time is granted to the State of Kerala for filing the affidavit.

Madhya Pradesh, Maharashtra, Odisha and Uttarakhand

Costs of Rs.3,00,000/- (Rupees three lakhs only) each is imposed on the States of Madhya Pradesh, Maharashtra and Uttarakhand for not framing the State Policy/not complying with the orders of this Court. The amount be deposited with the Supreme Court Legal Services Committee within two weeks for utilization of juvenile justice issues.

It is unfortunate that some States and Union Territories have not yet framed any Policy under the Solid Waste Management Rules, 2016.

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 attitude of the States/Union Territories in not yet framing a Policy even after two years is pathetic, to say the least.

Further constructions in the States/Union Territories are stayed until the Policy is framed.

List the matter on 9th October, 2018.

INTERLOCUTORY APPLICATION NO 109465/2018 (Application for Modification of Court’s order dated 10.7.2018 filed by Mr. M. Shoeb Alam, Advocate on behalf of State of Jammu & Kashmir)

List the application on 9th October, 2018.

(SANJAY KUMAR-I) (KAILASH CHANDER)

AR-CUM-PS ASSISTANT REGISTRAR

Mr. Colin Gonsalves, Sr. Adv. (AC)
Ms. Nabila Hasan, Adv.
Ms. Sneha Mukharji, Adv.
Ms. Olivia Bang, Adv.

For Petitioner(s)

For Respondent(s)

UOI & Delhi Mr. A.N.S. Nadkarni, ASG
Moef Mr. S. Wasim A. Qadri, Adv.
Ms. Saudamini Sharma, Adv.
Ms. Suhasini Sen, Adv.
Mr. D.L. Chidanand, Adv.
Mr. Raj Bahadur, Adv.
Mr. Ritesh Kumar, Adv.
Mrs. Anil Katiyar, Adv.
Mr. G.S. Makker, Adv.
Mr. B.V. Balram Das, Adv.
Mr. Chirag M. Shroff, AOR
Ms. Neha Sangwan, Adv.
Ms. Sanjana Nangia, Adv.
EDMC Mr. Sanjiv Sen, Sr. Adv.
Mr. Praveen Swarup, Adv.

NHAI Mr. Mukesh Kumar, Adv.
for M/s. M.V. Kini & Associates
CPCB Mr. Avijit Roy, AOR

For States of
Arunachal Pradesh Mr. A. Tewari, Adv.

Ms. Eliza Bar, Adv.
Mr. Shree Pal Singh, Adv.
Assam Mr. Shuvodeep Roy, Adv.
Mr. Sayooj Mohandas, Adv.
Bihar Mr. M. Shoeb Alam, Adv.
Ms. Fauzia Shakil, Adv.
Mr. Ujjwal Singh, Adv.
Mr. Mojahid Karim Khan, Adv.
Chhattisgarh Mr. Atul Jha, Adv.
Mr. Sandeep Jha, Adv.
Mr. D.K. Sinha, Adv.
Goa Mr. A.N.S. Nadkarni, ASG
Ms. Mayuri Nayyar Chawla, Adv.
Mr. S.S. Rebello, Adv.
Mr. P.S. Sudheer, Adv.
Ms. Shruti Jose, Adv.
Gujarat Ms. Hemantika Wahi, Adv.
Ms. Mamta Singh, Adv.
Ms. Vishakha, Adv.
Ms. Pallavi Baghel, Adv.
Haryana Mr. Anil Grover, AAG
Mr. Shivam Kumar, Adv.
Mr. Sanjay Kumar Visen, Adv.
H.P. Mr. Vikas Mahajan, AAG
Mr. Vinod Sharma, Adv.
J&K Mr. M. Shoeb Alam, Adv.
Ms. Fauzia Shakil, Adv.
Mr. Ujjwal Singh, Adv.
Mr. Mojahid Karim Khan, Adv.
Jharkhand Mr. Tapesh Kumar Singh, Adv.
Mr. Mohd. Waquas, Adv.
Mr. Aditya Pratap Singh, Adv.
Karnataka Mr. V.N. Raghupathy, Adv.
Kerala Mr. K.N. Balgopal, Sr. Adv.
Mr. G. Prakash, Adv.
Mr. Jishnu M.L., Adv.
Ms. Priyanka Prakash, Adv.
Ms. Beena Prakash, Adv.
Madhya Pradesh Mr. Arjun Garg, Adv.
Mr. Devansh Shrivastava, Adv.
Maharashtra Ms. Deepa M. Kulkarni, Adv.
Mr. Nishant R. Katneshwarkar, Adv.
Manipur Mr. Leishangthem Roshmani, Adv.
Ms. Maibam Babina, Adv.
Meghalaya Mr. Ranjan Mukherjee, Adv.
Mr. Subhro Sanyal, Adv.

Nagaland Ms. K. Enatoli Sema, Adv.
Mr. Amit Kumar Singh, Adv.
Mr. Z.H. Isaac Haiding, Adv.
Odisha Mr. Som Raj Choudhury, Adv.
Mr. Prashant Kumar, Adv.
Punjab Mr. Naginder Benipal, Adv.
Mr. Abhigya, Adv.
Rajasthan Mr. S.S. Shamshery, AAG
Mr. Amit Sharma, Adv.
Mr. Sandeep Singh, Adv.
Mr. Ankit Raj, Adv.
Ms. Indira Bhakar, Adv.
Ms. Ruchi Kohli, AOR
Sikkim Ms. Aruna Mathur, Adv.
Mr. Avneesh Arputham, Adv.
Ms. Anuradha Arputham, Adv.
Ms. Geetanjali, Adv.
for M/s Arputham Aruna & Co.
Tamil Nadu Mr. Shekhar Naphade, Sr. Adv.
Mr. B. Vinodh Kanna, Adv.
Mr. A. Sriram, Adv.
Telangana Mr. P. Venkat Reddy, Adv.
Mr. Prashant Tyagi, Adv.
Tripura Mr. Shuvodeep Roy, Adv.
Mr. Rituraj Biswas, Adv.
Uttar Pradesh Ms. Aishwarya Bhati, AAG
Mr. Garvesh Kabra, Adv.
Mr. V.V.V. Pattabhiram, Adv.
Uttarakhand Mr. J.K. Sethi, Dy. AG
Mr. Ankur Prakash, Adv.
Mr. Ashutosh Kumar Sharma, Adv.
W.B Mr. Suhaan Mukerji, Adv.
Mr. Harsh Hiroo Gursahani, Adv.
Ms. Astha Sharma, Adv.
Mr. Abhishek Manchanda, Adv.
Ms. Kajal Dalal, Adv.
For M/s PLR Chambers & Co.
A&N Mr. K.V. Jagdishvaran, Adv.
Mrs. G. Indira, Adv.
Dadra & Nagar Mr. Deepak Jain, Adv.
Haveli Ms. Jaspreet, Adv.
Ms. Prabhleen Kaur, Adv.
Mr. Vaibhav Manu Srivastava, Adv.
Daman & Diu Mr. Deepak Jain, Adv.
Ms. Jaspreet, Adv.
Ms. Prabhleen Kaur, Adv.
Mr. Vaibhav Manu Srivastava, Adv.
Puducherry Mr. V.G. Pragasam, Adv.
Mr. S. Prabu Ramasubramanian, Adv.
Mr. S. Manuraj, Adv.