“ 2. From the above, it is seen that the issue of scientific management of waste to prevent air and land pollution has to be gone into. Under Rule 15 of the Solid Waste Management Rules, 2016 (SWM Rules, 2016), the Local Authorities have to prepare plan for scientific disposal of the solid waste in the manner laid down therein in accordance with the State Policy prepared under Rule 11 by the Secretary, Urban Development. Finding large scale failure of the State authorities in this regard, the Tribunal has issued directions in O.A. No. 606/2018, Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues, in the presence of Chief Secretary, Uttarakhand. Unfortunately, it appears that even after five years of the current Rules, judgements of the Hon’ble Supreme Court in Ratlam Municipality (1980) 4 SCC 162, BL Wadhera (1996) 2 SCC 594, Almitra Patel (2000) 2 SCC 679, judgement of this Tribunal in Almitra Patel 2016 SCC Online NGT 2981 and after 40 years of the Air (Prevention and Control of Pollution) Act, 1981, (Air Act), there is a failure of the authorities in ensuring scientific disposal of solid waste, preventing damage to the air quality and to the public health. Failure to perform statutory obligation under SWM Rules, 2016 is a criminal offence under the Environment (Protection) Act, 1986 (EP Act) punishable with imprisonment and fine. However, it seems that the State authorities continue to violate the same to the detriment of public health which needs remedial action.
