'How Can State Say It Doesn't Have Money?' : Supreme Court Questions Maharashtra Govt Over Solid Waste Management Projects

The Supreme Court on Friday (January 24) questioned the Maharashtra Government over not allotting funds for the solid waste treatment plants in Vasai-Virar Municipal Corporation and directed them to file an affidavit specifying when the funds would be released.The Court also asked the State to specify how many Municipal Corporations have complied with the 2016 Solid Waste Management Rules.Last week, the Court had summoned the Principal Secretary of the Urban Development Department after criticising the State's stand that there were no funds for the projects. Following that, Dr H. Govindraj IAS, Principal Secretary of the Urban Development Department, appeared (through VC) before a bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan today.Justice Oka asked the IAS Officer, "Where the money is going? Is it the stand of the State Government that you are not in a position to pay for these two projects which are essential for the implementation of the 2016 rules(Solid Waste Management Rules)? We will go into the larger aspect, where the money is going? Tell us when you will pay?"The officer replied that the funds would be allocated the next financial year."You will approve both the DPRs and money will be released in April. Why such a stand was taken by the State initially? Deputy Secretary straightaway says there is no money for the projects. We are not happy to call senior IAS officers here. This is because of the brazen stand taken by the State contrary to the Constitutional scheme. Is it not the duty of the State to protect the environment? It is very sad that we are required to do all this. State doesn't realise its obligations," Justice Oka said.However, after reading the State's affidavit, Justice Oka realised that the State's assurance was conditional. Disapproving of this approach, Justice Oka said, "You are saying that the State will approve this project if some other project is cancelled. Your statement is conditional. First, if some other project is cancelled, second, if there is some saving..."Justice Oka said that a clear affidavit is required from the State detailing when the DPR would be finalised and funds would be released."Brazen stand was taken by the State earlier that money was not available. Now you are saying in a roundabout way. You can't file affidavits in roundabout ways. Only for such schemes money is not available with you," Justice Oka said.The bench dictated the order as follows : "Govindraj IAS is present through VC. There is no clear assurance in his affidavit that projects will be approved within a specified time and within a particular time frame money will be released. We direct the State to file a proper affidavit laying down the timelines."After the order was dictated, the Secretary stated that Maharashtra was executed several projects for urban development and was second in the country in terms of execution after Uttar Pradesh."If you are making tall claims, we are directing you to file an affidavit how many projects complied with 2016 rules," Justice Oka said.The following direction was added to the order : "Dr. Govindraj states that Amrit 2.0 scheme mooted by the State Govt is a novel scheme and one of the best in the country. We therefore direct the State Govt to file an affidavit placing on record how many local authorities (to begin with Municipal Corporation) have fully complied with SWM Rules 2016."Case no. – Diary No. 45828/2023Case Title – Vasai Virar City Municipal Corporation v. Charan Ravindra BhattClick Here To Read/Download Order

'How Can State Say It Doesn't Have Money?' : Supreme Court Questions Maharashtra Govt Over Solid Waste Management Projects

LIVELAW NEWS NETWORK

The Court criticised the "brazen stand" taken by the State that money was not available.

Tags