247 . The decisions of the Hon'ble Supreme Court and all other decisions did not have opportunities to consider the visionary concept of the SWM Rules, 2016. This Bench in its quest for an answer has to tread on the uncharted and virgin judicial terrain in the realm of policy implementation of Solid Waste Management. In the considered view of the Bench, the implementation of the SWM Rules, 2016, is not repugnant to any law or rules in force and it also is not affecting any public interest or any fundamental right of the citizens. On the other hand, the implementation of the SWM Rules, 2016 is to be read as a part of enforcement of the fundamental rights and duties as well, enshrined in Article 21 of the Constitution of India and in terms of Articles, 47, 48-A and Article 51-A[g] of the Directive Principles of State Policy. The right to have a free, clean environment include right to live in a clean neighbourhood, without garbage or solid waste. The policy implementation of solid waste management is thus oriented towards achieving the above constitutional goal, aimed at promoting larger than any other public interest to stay almost with the global outlook on the subject.
