Junagadh Municipal Commissioner Oblivious Of Responsibilities Under Plastic Waste Management Rules: Gujarat High Court

Taking note of an inspection report on units processing plastic waste in Junagadh, the Gujarat High Court expressing its concern said that the manner in which these units were operating without requisite permissions under the relevant Rules, made it evident that the city Municipal Commissioner was oblivious of his responsibility as the head of the municipal corporation. A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi was hearing a public interest litigation plea highlighting the non-disposal of plastic waste around the temples on Girnar Hill, Junagadh, which is an eco-sensitive zone.Units processing plastic waste did not have permissionThe court in its September 17 order noted the GPCB's submission that on inspection it was found that none of the three units where waste is processed have taken any permission from the board to carry out the same. Nor was there any documentary evidence found substantiating the quantity of the waste processed by them, pursuant to which the board issued a show-cause notice to them. The court said, that the inspection reports of the GPCB and the details given in the corporation's annual reports reflected that both the authorities (Corporation and GPCB) are in "utter defiance" of the provisions of the Plastic Waste Management Rules 2016.It further observed "responsibility of the local body" fixed under Rule 6 for setting up infrastructure for segregation, collection, storage, transportation, processing and disposal of the plastic waste either on its own or by engaging agencies had not been discharged in a proper manner."It is evident that three facilities created by the Junagadh Municipal Corporation either on its own and by engagement of private operators, the provisions of the Plastic Waste Management Rules, 2016 has been utterly violated," the court added. Municipal Commissioner oblivious of his responsibility under relevant RulesThe court further noted that from the "manner" in which three facilities have been created/hired/engaged by the Corporation, it was evident that the Municipal Commissioner is "oblivious of his responsibility being the head of the Junagadh Municipal Corporation" under the 2016 Rules. It thereafter said, "For the startling facts which have come on record in the inspection report of the GPCB, it is evident that the Municipal Commissioner, Junagadh Municipal Corporation was oblivious of the requirement of the Plastic Waste Management Rules, 2016, when establishing Material Recovery Facility (MRF) without any approval/permission of the GPCB and engaging private operators who do not have requisite permission of the GPCB."The high court called for documents on the process of engagement of the three operators managing the plastic waste collected in the city. It further called for the entire original record pertaining to the grant of the contract to the operators. The court also called for annual reports submitted by the contractor and the City Corporation as per the rules along with the Municipal Commissioner's affidavit. GPCB failed in discharging its responsibilities under RulesWith respect to the GPCB, the court said that it seemed that the board had "simply forwarded" the annual reports submitted by the corporation, to the Central Pollution Control Board (CPCB). It said that none of the authorities were informed that plastic waste disposal was done in "utter violation" of the 2016 Rules. "From the statement of the Regional Officer, GPCB, Regional Office, Junagadh in the affidavit dated 17.09.2024, it is more than evident that the submission of the annual report and forwarding of the same to the GPCB remains only a paper transaction and is a mere eyewash insofar as the requirement of the Rules' 2016," the court said.It further observed that the GPCB had "utterly failed in discharging its responsibility" fixed under the 2016 Rules, noting that the board was alerted only when the court issued directions to it recorded in its September 3 order. Meanwhile, senior counsel Manisha Lavkumar appearing for the board submitted that the board will take "remedial measures immediately", the order notes. It was submitted that the GPCB would call for information of "all such sites Pan-State, make inspection, issue show-cause notice and impose penalty, if violations are reported", ensuring that the plastic waste management in the State strictly adheres to the 2016 Rules. The court then directed the GPCB to call for the information of all sites from each of the local bodies as defined under the Rules, where the management of plastic waste is entrusted to a private agency or a facility is created by the local body on its own. Once the information is scrutinised by the board, the court said, an inspection be conducted of all such sites in a phased manner; if any site is found in violation of the 2016 Rules, then appropriate measures be taken including a show-cause notice and imposition of penalty after giving opportunity ...

Junagadh Municipal Commissioner Oblivious Of Responsibilities Under Plastic Waste Management Rules: Gujarat High Court

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