Junagadh Municipal Commissioner's Response Silent On Manner Of Plastic Waste Disposal By Hired Agencies: Gujarat HC Takes "Strong Exception"

The Gujarat High Court on Tuesday took "strong exception" to Commissioner of Junagadh Municipal Corporation's affidavit, noting it was silent on the court's specific query on the manner in which plastic waste collected from the city and the Girnar Eco-Sensitive Zone, is recycled by the agencies hired by the corporation for this purpose. The high court further in its order said that the response reflected the "apathy of the officer and disrespect to the specific directions issued by this court" (in its earlier orders), as he did not conduct any enquiry to satisfy himself about the manner in which plastic waste is being handled by the agencies. A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi were 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. During the hearing on Tuesday, advocate Amit Panchal, the petitioner in the matter, pointed to the high court's August 20 order stating that a "direction was given to commissioner to file an affidavit giving proper details" on this aspect. Earlier the high court in its July 10 order directed the Junagadh Municipal Commissioner to file his "personal affidavit" bringing on record the "entire material" showing the "mode and manner" in which the plastic waste collected from the Eco-Sensitive Zone and the city is being recycled. The contracts entered into by the Corporation were also be to placed before the court. On August 20, the high court in its order had said that "affidavit of the Municipal Commissioner, Junagadh Municipal Corporation was passed on in the Court, which was found having insufficient, incomplete information". The court thereafter granted two weeks time for filing an affidavit as per the July 10 order. On Tuesday( September 3), after taking note of Junagadh Municipal Commissioner's affidavit, the Chief Justice orally said, "Why would municipal commissioner not state on oath what was transpired to him". After the court was told that a team was constituted which had visited two units where plastic waste is being recycled by the outsourcing agencies, the Chief Justice further orally said, "What was the report given by the team? We are not looking to the report. The content of report should come in the affidavit...We are not giving you further time to file affidavit one after another, if you don't even understand what should come in the affidavit. This is your responsibility, you have given tender or contract to anyone to process plastic waste. That is only outsourcing. Your responsibility as municipal commissioner is to ensure that plastic waste is properly processed and is not absolved by giving tender, or this work by outsourcing...We are issuing personal notice to municipal commissioner, he is under contempt...Please don't emphasize on third party, we are not concerned with the third party...Twice we have given you time we are not getting it...We are not looking at the pages. We want a report, a response by the municipal commissioner. He is answerable to the court, he can't keep quiet by saying 'I have constituted team they have visited'". The high court thereafter in its order dictated, "Inspite of sufficient time granted by us, twice, to the Municipal Commissioner, Junagadh Municipal Corporation who happens to be an IAS officer we fail to understand as to how his response has been brought before us by means of an affidavit which was sworn by municipal commissioner…pertinent is to note by order date 10-7-2024 we have directed municipal commissioner Junagadh to bring on record entire material showing the mode and manner in which the plastic waste collected from Girnar eco sensitive zone and city of Junagadh is being recycled. In response to the same only this much has been brought before us that the work of segregation and plastic waste disposal on pilot basis has been allocated by the standing committee of corporation by its resolution dated 5-3-2021 to an outsourcing agency". The high court in its order further noted, that as per the affidavit, it had been resolved that the city corporation would provide a place with a shed and other basic facilities against the payment of "appropriate charges of the agency who would provide services of manual segregation at material recovery facility without any cost from the waste collected from Junagadh" and dumped at Hajiyani Baug transit point.After saying so it is stated in the affidavit, the court noted in its order, that on July 16, 2021 a work order was issued to the agency entrusted for transportation of total waste from Hajiyani Baug transit point to material recovery facility and undertaking work of plastic waste disposal without at any cost by manual segregation, "thereby disposing of plastic waste as per guidelines of Gujarat Pollution Control Board (GBCB)" and the Centre. The court noted that as per the affidavit there were certain extensions granted by the...

Junagadh Municipal Commissioner's Response Silent On Manner Of Plastic Waste Disposal By Hired Agencies: Gujarat HC Takes "Strong Exception"

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