Disposed

Haider Ali v. Commissioner Nagar Nigam Alwar

NGT19 May 2026IA No. 11/2025 in Original Application No. 205/2024

Case brief

AI extract

What is this about?

The NGT, Central Zone Bench examined the compliance of Solid Waste Management Rules, 2016 in Alwar. After visiting the site, the court found that while waste management processes are operational, the facility lacks Environmental Clearance. The tribunal directed the Municipal Body to obtain CTO from the PCB and imposed various directives on legacy waste disposal and corporate responsibility.

What did the court decide?

Directives to obtain Environmental Clearance (CTO), dispose of legacy waste, establish an environmental cell, and ensure manufacturer participation in waste management.

Haider Ali vs Commissioner Nagar Nigam Alwar — Pension and Retirement Benefits | NGT (2026)

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Item Nos.01 & 02

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)

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Original Application No.205/2024(CZ) (I.A. No.10/2025 & I.A. No.11/2025) With

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Execution Application No.07/2025(CZ) In Original Application No.205/2024(CZ)

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IN THE MATTER OF:

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1. Haider Ali, R/o- 35, St. Anselm School, Mungaska, Alwar, Rajasthan

Applicant(s)

Versus

1. Commissioner,

Nagar Nigam, Alwar, Rajasthan-301001 Email [email protected]

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Respondent No. 01

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2. District Magistrate, Alwar, Rajasthan, Email [email protected]

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Respondent No. 02

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3. Regional Director, Rajasthan State Pollution Control Board,

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D-Block, Ambedkar Nagar, Kherado, Alwar, Rajasthan 301030 Email [email protected]

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Respondent No. 03

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COUNSELS FOR APPLICANT(S):

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Mr. Satyam Shekhar, Adv. along with Ms. Sanya Kashyap, Adv.

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COUNSELS FOR RESPONDENT(S):

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Mr. Vijit Puria, Adv. for Mr. Avinash Dave, Adv. for R-1 Mr. Rohit Sharma, Adv. for State of Rajasthan Mr. Vaibhav Thakuria, Adv. for R-7

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O.A No.205/2024 (CZ)

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Haider Ali Vs. Commissioner, Nagar Nigam Alwar & Ors.

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CORAM:

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HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE MR. SUDHIR KUMAR CHATURVEDI, EXPERT MEMBER

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Date of completion of hearing and reserving of order : 07.05.2026 Date of uploading of order on website : 19.05.2026

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JUDGMENT

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Issued raised in this application is compliance of the Solid Waste Management Rules, 2016, prescribed by the Ministry of Environment Forest and Climate Change to be complied by all the States. It is contended by the learned Counsel for the Applicant that the District of Alwar has a population of around 5 Lakhs and the entire district is further divided into 65 wards. Beside this there are total of 35 major drainage system covering 44.89 Kms and for keeping the city clean the entire area of Alwar had been divided in 3 zones by the Municipal authorities in a following manner:-

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The Municipal Authorities had established 351 points in the city of Alwar where the municipal waste is collected and segregated. After collecting the said waste at these points, the waste materials are finally being dumped at dumping yard situated at Agwara, a place in Alwar, Rajasthan. However, it must be appreciated that the waste treatment plant which is installed at Agwara dumping yard is not functioning for

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O.A No.205/2024 (CZ)

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Haider Ali Vs. Commissioner, Nagar Nigam Alwar & Ors.

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more than 4 years. Further no steps are being taken by the Respondent No.1 to make this treatment plant functional.

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It is further submitted that as per the records, the Municipal Authorities had deployed a total of 1380 individuals, out of which 534 are permanent workers and 836 are non-permanent supplied by the contractors. Despite the huge manpower dedicated for keeping the city clean and hygiene, only half of the total workers are working while the other workers have been assigned some work in other departments. Thus, the respondents are not utilizing the allocated manpower and infrastructure provided for maintaining the drainage area as well as management of municipal waste.

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Further contentions of the Applicant are that there are misuse of the fund or no proper management in hospitals and due to negligent attitude in not performing the official duties, the adverse effect is on the health of the public and, thus, this application.

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The matter was taken up by this Tribunal and notices were issued to the Respondents. In compliance of the order, reply has been filed.

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During the course of the hearing, a Committee was constituted with direction to submit the factual and action taken report. The report has been filed. The State PCB has been further directed to submit the action taken report or current status. The current status and the compliance has been filed.

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We have heard learned Counsel for the parties and perused the record.

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The observation of the members of the Committee after visiting the site are as follows:-

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“Observations

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Representative of Nagar Nigam, Alwar name Sh. Khemraj Meena (Executive Engineer) reported that there are a total of 65 wards in Alwar city, which are divided into 03 zones for

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O.A No.205/2024 (CZ) Haider Ali Vs. Commissioner, Nagar Nigam Alwar & Ors.

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cleaning work. A total of 24 wards are located in zone number 01 & a total of 24 wards are located in zone number 02 and a total of 17 wards are located in zone number 03. The contract for cleaning work of all the three zones has been given to different contractors. In which the contractors have employed 11 sanitation workers for cleaning work in each ward and 6 permanent sanitation workers of Alwar Municipal Corporation have been employed in each ward, who are made to do cleaning work every day for monitoring of these, zone wise zone incharges and about 25 acting sanitation workers have been appointed in the 65 wards. Municipal solid waste is collected from door to door by from 65 wards of Alwar city by running auto tippers and then transferred to garbage transfer station, transfer station has been set up near Ambedkar Nagar, Alwar to collect all the garbage of the city, where segregation of materials & plastic take place, after material segregation waste is transferred to Municipal Solid Waste Processing Plant situated at near village Agyara where further processing of MSW take place.

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Representative of Nagar Nigam, Alwar reported to joint committee that about 30 km of main roads of Alwar city are being cleaned daily by 04 road mechanical sweeping machines. The legacy waste volume located at Goleta was 1,05,732 cubic meters, which has been 100 per cent disposed of. Moreover, a state-of-the-art park has been proposed to be developed on this cleared site.

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In order to take Alwar to new heights in the "Swachch Survekshan 2024" District Administration has launched "Atulya Alwar Abhiyan" on 2nd October 2024 with Clean Alwar as its first pillar. As per directions given by District Collector, it is planned and phased manner. 3 IAS officers, 4 RAS officers and 16 officers/employees of the Municipal Corporation have been deputed in 65 wards to daily monitor the cleanliness. The work is being done by taking photographs before and after the cleaning. District administration has also launched a unique public grievance redressal portal cleanalwar.in for resolution of any complaint regarding cleanliness within 24 Hrs. As of 20.10.2024, this portal has received 1071 complaints out of which 1023 have been resolved.

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O.A No.205/2024 (CZ)

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Observation of residential wards:

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During joint visit on dated 18/10/2024, residential wards (Jublibas circle, near mahawar dharamshala, Near Nehru park, Near Nangli circle and near Ashoka talkies) were inspected randomly and during visit it was observed that Nagar Nigam, Alwar has maintaining cleaning of wards and transferring municipal solid waste to transfer points. Nagar Nigam, Alwar has provided warning boards to stop throwing of garbage along road side. Representative of Nagar Nigam reported that the work of cleaning the drains located in the city is being done regularly by the Nagar Nigam, Alwar and during joint visit the drains are found clean and observed that in compliance of directions given by District Collector, Alwar regarding clean city, special attention is being paid by the employees of Municipal Corporation (Nagar Nigam), Alwar to ensure that no drain is blocked.

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Observations of Solid Waste transfer point: -

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Municipal solid waste generated from Alwar city is collected from door to door and then transferred at site situated near Ambedkar Nagar, Alwar, where segregation (material, plastic) take place and then waste is transferred to MSW processing site through designated vehicles, near village Agyara for further processing. During joint visit of this transfer point, it was observed that tin sheds have been used as walls of the garbage transfer point, which has been damaged, due to which animals enter there and there is also a possibility of fire due to external reasons. Nagar Nigam Alwar has charted out a plan to shift and enclose this transfer point to avoid animal entry and open waste dumps.

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Observations of Solid Waste Processing Plant: -

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1. During inspection processing site was found operational and engaged in processing of municipal solid waste.

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2. During visit it was observed that 1-Ballistic machine was found installed and operational and engaged in separation of solid waste and plastic waste. And 1-Ballastic & Tromal Machine was found installed but tromal machine was found non-operational due to mechanical issue.

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3. During visit fatka machine/ plastic cutting machine and manure manufacturing plant was found operational.

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O.A No.205/2024 (CZ)

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4. During visit Ballastic Separator, Compositing & Fatka machies were found operational and engaged in processing of Municipal Solid Waste.

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5. Representative of Nagar Nigam, Alwar informed that the work of waste disposal has been fully started in MSW site and soon the collected waste will be processed and disposed scientifically.

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Action taken by Rajasthan State Pollution Control Board:

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Rajasthan State Pollution Control Board has conducted surprise inspections of Municipal Solid Waste Processing site several times in last 02 years (inspection dated- 21.09.2022, 24.11.2022, 29.05.2023, 21.09.2023, 30.10.2023, 15.01.2024, 28.05.2024) and during each of the aforementioned inspections, the site was found non-complying with the provisions of Solid Waste Management Rules, 2016 and recently RSPCB Head Office, Jaipur has issued Show Cause notice vide letter dated 03-09-2024 for intended directions for depositing interim imposition of environmental compensation under the provisions of Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 and in compliance of orders of Honourable Supreme Court in Civit Writ Petition No. 375/2012 Paryavaran Suraksha Samiti & Anr. Vs Union of India & Ors. And Honourable National Green Tribunal in Original Application No. 606/2018 Compliance of Municipal Solid Waste Management Rules, 2016.

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Conclusion: -

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6. For past non-compliances Rajasthan State Pollution Control Board has issued Show Cause Notice (letter dated 03.09.2024) for intended directions for depositing interim imposition of environmental compensation of Rs. 77 lacs for non-compliance of 616 days on the basis of "Polluter pays Principle"

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The submissions of the learned Counsel for the Municipal Corporation are that the Alwar city consists of 65 wards which have been is divided into three zones for effective cleaning operations. the aforementioned wards are divided amongst the Zones in a manner that the Zone No. 1 and Zone 2 consists of a total of 24 wards each, whereas the Zone No. 3

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O.A No.205/2024 (CZ)

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consists of 17 wards. For cleaning purposes, the contract for each zone has been awarded to different contractors. Each contractor has deployed 11 sanitation workers per ward, whereas the answering Respondent has deputed 6 permanent sanitation workers from the Alwar Municipal Corporation in each ward, who are tasked with cleaning every day. Additionally, for monitoring purposes, zone-wise incharges and about 25 acting sanitation workers have been appointed across the 65 wards.

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It is further argued that the municipal solid waste is collected door-todoor across all 65 wards of Alwar city using auto tippers, after which the waste is transferred in RY die garbage transfer stations located near Ambedkar Nagar, Alwar. At this transfer station, the segregation of materials, including plastion, is conducted. Subsequently, the segregated waste is transported to the Municipal Solid Waste (MSW) Processing Plant located near Agyara for further processing. Furthermore, approximately 30 km of main roads in Alwar city are being cleaned daily using 4 road mechanical sweeping machines. The Respondent with the intention to make the city waste fully disposed off 1,05,732 cubic meters of legacy waste located at Goleta, making way for the development of a state-of-the-art park on the cleared site.

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It is further argued that in alignment with the vision of making Alwar a cleaner city, the District Administration launched the " Atulya Alhuur Abhiyan " on 2nd October 2024, with "Clean Alwar as its first pillar. The initiative is being conducted in a phased manner as per the directions of the District Collector. For the efficient monitoring of cleanliness, officers/employees of the Municipal Corporation have been deputed to monitor the cleanliness across the 65 wards. The work is also being documented through photographs taken before and after the cleaning

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activities. The Respondent submits that the applicant, in an attempt to gain public attention, is deliberately creating misconceptions among the general public and causing the publication of false, baseless, and unsubstantiated news articles in the media. Such actions are not only misleading but are also creating unnecessary obstacles in the effective and successful implementation of the welfare schemes initiated by the State Government. It is stated that the allegations levelled by the Petitioner with respect alleged mismanagement of the Solid Waste at the Transfer Station situated at Ambedkar Nagar is bald, false and without any basis, however, with the intention of handling the same in an even better manner, the answering Respondent with the assistance of the Government is in process of establishing a new mechanized Transfer Station for handling and disposal of Solid Waste in scientific way. It is further submitted that, due to the lack of an alternative site for garbage collection, the land near NH 248A at Ambedkar Nagar has been used as a temporary garbage transfer station for over 15 years. However, pursuant to the budget announcement for the financial year 2024-25, the Urban Improvement Trust, Alwar, has allotted 6480 square meters of land, under the Murtikar Yojana for the construction of a mechanized garbage transfer station. The proposed transfer station will utilize advanced technology and will be entirely environmentally friendly. It will help in further minimizing and eliminating any pollution, inconvenience, foul odour to the general public. Mechanized transfer station will be the first of its kind in Alwar city, like the transfer stations operational in metropolitan cities such as Indore and Jaipur. It is anticipated to be a significant milestone in the management of solid undertaken at the site to ensure environmental sustainability.

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O.A No.205/2024 (CZ)

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Further, the Respondent has been taking effective steps for management of Solid Waste and keeping the City waste free on day-today basis being guided by the 2016 Rules which are as under:-

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(i) The answering Respondent has been educating and appealing the citizens for maintaining the cleanliness and to avoid littering. Informative hoarding and paintings have been made across the city for effective awareness management of solid waste. with respect to cleanliness and

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(ii) Self-help groups have been formed for ensuring awareness with respect to segregation of solid waste, its management and importance of recycling the waste.

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(iii) The use of single use plastic has been banned and legal measure such as seizures and sealing have been taken against the violators.

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(iv) Repair of community and public toilets have been undertaken for maintaining cleanliness and sanitation.

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(v) Identification and removal of Black Spots have been undertaken.

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(vi) Monitoring by the designated IAS and RAS Officers.

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Learned Counsel for the Municipal Corporation has further argued that a web portal for the complaints related the cleanliness in Alwar District has been updated and anyone aggrieved may file the complaint and the complaint is addressed within a time. In the further reply, the learned Counsel for the Respondent has stated that the door-to-door collection of the solid waste is being done by tippers and these tippers bring the solid waste to a collection/transfer station stations which is presently situated at Ambedkar Nagar, NH-248, Alwar. Thereafter, segregated and forwarded to the Waste Treatment Plant situated at Village Agwara, Alwar, for final disposal of the waste. At the time of filing the reply the transfer station was under construction and there is no habitable location for cluster of the houses. Back one of the schools, as stated is located at the distance of more than 100 meters and further that entry of the school has completely different road and does not face the

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mechanized transfer station. The hypertension line as mentioned by the Applicant does not cross these sheds of the mechanized transfer station and cross over one corner of the under-construction transfer station, whereunder a garden/landscaping area has been proposed. The nearest authorized residential area is situated at aerial distance of around 75 meters.

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By means of filing an another affidavit, it is stated that the Applicant is trying to halt the progress of the mechanized transfer station by the aid of the local agitation and misleading media reports.

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Under the Swachh Bharat Mission, the authorities are actively ensuring

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collection and transportation of the solid waste while segregating the same at a source, ensuring visible cleanliness in the city, constructing and maintaining public toilet in order to ensure assess to sanitation, taking steps for used water management, mechanizing the desludging services, mechanizing of the waste collection point transfer station.

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The Applicant has filed another affidavit with rejoinder that the shifting was made without any proper site plan or the plot is dedicated to UIT. With reference to the choice of site, it is stated that, it is to be done in accordance with the Solid Waste Management Rules, 2016, and for that purpose, the Collector have to do according to rules, subject to availability of the land.

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The Rajasthan State Pollution Control Board has examined the compliance of the direction of the court in respect to the Solid Waste Management Rules, 2016, and for the past violations, notices have been issued, calculating the Environmental Compensation for the payment of environmental damage.

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The State PCB was also further directed by the order of this Tribunal in February, 2026, to visit the site and inspect it and to submit the report.

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Haider Ali Vs. Commissioner, Nagar Nigam Alwar & Ors.

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The report after the inspection as examined the State PCB and Committee, has been submitted as follows:-

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“Inspection Report-MSW

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In reference to the directions given by the Hon'ble National Green Tribunal vide order dated 07/11/2025, in the matter of Original Application No. 205/2024 titled Haider Ali Vs Commissioner, Nagar Nigam Alwar & Ors (linked with Execution Application No. 07/2025), the inspection of Solid Waste Processing Site and Transfer Station was conducted by State Board Official on dated 01/01/2026. The details are as follows:-

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In light of the above facts, we have examined the process and there are sufficient number of tippers and persons engaged for collection, transportation and segregation and there is a MRF facility upto the capacity of 10 TPD, there is a ballistic separator installed for the RDF and also rotary drum for compost for making the fine organic parts of the mixed municipal solid waste. Concrete boundary wall of height approximately 7 to 8 ft. has been prepared and other necessary arrangement has been done for proper disposal of the solid waste. So far as the Environmental Clearance is concerned, CTO has not been obtained by the Municipal Body. Accordingly, we direct Municipal Body to obtain the CTO from the Competent Authority/State PCB.

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The issues of solid as well as liquid waste management are being monitored by this Tribunal as per orders of the Hon’ble Supreme Court in O.A. No.239/2024(CZ) Nitin Saxena Vs. State of Madhya Pradesh & Ors. order dated 02.09.2014 in Writ Petition No. 888/1996, Almitra H. Patel vs. Union of India & Ors., with regard to solid waste management and order dated 22.02.2017 in W.P. No. 375/2012, reported in (2017) 5 SCC 326, Paryavaran Suraksha vs. Union of India, with regard to liquid waste management. Other related issues include pollution of 351 river stretches, 122 non-attainment cities in terms of air quality, 100 polluted industrial clusters, illegal sand mining etc. have also been dealt with earlier but currently proceedings are confined to two issues of solid waste and sewage management. Similarly, the issue of liquid waste management, vide judgment of the Hon’ble Supreme Court in Paryavaran Suraksha (2017) 5 SCC 326, the Hon’ble Supreme Court fixed deadline for setting up of treatment plants within three years which was to be monitored by this Tribunal. During the course of hearing in various matters of all the States and District Headquarters, it

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was found by various orders that large scale non-compliance of environmental norms was continuing which was reportedly resulting in deaths and diseases and irreversible damage to the environment. Directions for remedial action were issued which include constitution of a four member special task force in every district having – one each nominated by District Magistrate, Superintendent of Police, State Pollution Control Boards and District Legal Services Authority (DSLAs) for awareness about SWM Rules, 2016 by involving educational, religious and social organizations including local Eco-clubs. Involvement of DLSAs was subject to the approval of the National Legal Services Authority (NALSA) which is the apex body under the Legal Services Authorities Act, 1987. It was observed that Information, Education and Communication (IEC) programmes can go a long way for protection of the environment. Such program can be successful if network of Legal Services Authorities and Educational Institutions at every level is involved.

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The matter of non compliance of the Solid Waste Management Rules, 2016, in the various municipalities of the State has been highlighted in various applications in spite of repeated directions, the rules have not been complied strictly till yet and solid waste is not being properly disposed according to rules causing health hazards and environmental damage. The manner of disposal of solid waste in Adampur Khanti near Bhopal city has been highlighted upto the Hon'ble Supreme Court of India where the Hon'ble Supreme Court has warned the authorities concerned for taking necessary actions and to submit the report.

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It is alleged that:

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"i. The method of dumping of municipal solid waste in the landfill site is in violation of Solid Waste Management Rules 2016.

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ii. The Respondent should be held responsible for payment of environmental compensation in view of the guidelines issued by the NGT in OA no. 606/2018.

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iii. Rule 11, 12 and 15 of the Solid Waste Management Rules are not being complied with.

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iv. The frequent infection and diseases caused due to unscientific dumping of waste violate the fundamental right of right to life enshrined under Article 21 of the Constitution of India."

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Rule 15 of the SWM Rules lays down the duties and responsibilities of local authorities, which are as follows:-

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15. Duties and responsibilities of local authorities and village Panchayats of census towns and urban agglomerations The local authorities and Panchayats shall:

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(b) arrange for door-to-door collection of segregated solid waste from all households including slums and informal settlements, commercial, institutional and other non residential premises. From multi-storage buildings, large commercial complexes, malls, housing complexes, etc., this may be collected from the entry gate or any other designated location;

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(g) direct waste generators not to litter Le throw or dispose of any waste such as paper, water bottles, liquor bottles, soft drink canes, tetra packs, fruit peel, wrappers, etc., or burn or bury waste on streets, open public spaces, drains, waste bodies and to segregate the waste at source as prescribed under these rules and hand over the segregated waste to authorized the waste pickers or waste collectors authorized by the local body;

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(j) ensure safe storage and transportation of the domestic hazardous waste to the hazardous waste disposal facility or as may be directed by the State Pollution Control Board or the Pollution Control Committee;

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(p) collect horticulture, parks and garden waste separately and process in the parks and gardens, as far as possible;

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(q) transport segregated bio-degradable waste to the processing facilities like compost plant, bio-methanation plant or any such

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facility. Preference shall be given for on site processing of such waste;

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(r) transport non-bio-degradable waste to the respective processing facility or material recovery facilities or secondary storage facility;

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Rules 11 of the SWM Rules imposes a duty on the Secretary-in-Charge, Urban Development Department, to ensure wholesome implementation of the SWM Rules. The relevant clauses are listed below:-

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"11. Duties of Secretary-in-Charge, Urban Development in the States and Union Territories

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(d) ensure implementation of provisions of these rules by all local authorities;

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(e) direct the town planning department of the State to ensure that master plan of every city in the State or Union territory provisions for setting up of solid waste processing and disposal facilities except for the cities who are members of common waste processing facility or regional sanitary landfill for a group of cities; and

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(1) ensure identification and allocation of suitable land to the local bodies within one year for setting up of processing and disposal facilities for solid wastes and incorporate them in the master plans (land use plan) of the State or as the case may be, cities through metropolitan and district planning committees or town and country planning department;

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(g) direct the town planning department of the State and local bodies to ensure that a separate space for segregation, storage, decentralized processing of solid waste is demarcated in the development plan for group housing or commercial, institutional or any other non-residential complex exceeding 200 dwelling or having a plot area exceeding 5,000 square meters;"

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Further, Rule 12 of SWM Rules provides that the District Magistrate or District Collector has a duty to facilitate the implementation of the rules by undertaking the following measures: -

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"12-Duties of District Magistrate or District Collector

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(a) facilitate identification and allocation of suitable land as per clause() of rules 11 for setting up solid waste processing and

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disposal facilities to local authorities in his district in close coordination with the Secretary-in-charge of State Urban Development Department within one year from the date of notification of these rules;

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(b) review the performance of local bodies, at least once in a quarter on waste segregation, processing, treatment and disposal and take corrective measures in consultation with the Commissioner or Director of Municipal Administration or Director of local bodies and secretary in-charge of the State Urban Development"

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The submissions of the learned counsel for the Applicant are that the frequent infection and diseases caused due to unscientific dumping of waste and thus violates the fundamental right enshrined under Article 21 of the Constitution of India. The Constitution of India enumerates fundamental rights in Part III, among which is the right to life enshrined under Article 21. The Supreme Court has consistently broadened the purview of Article 21 to include the right to life with dignity, personal liberty, and environmental considerations.

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The Hon'ble Supreme Court in Municipal Council, Ratlam vs. Vardhichand (1980)4 SCC 162 and B. L. Wadhera vs. Union of India and Ors. (1996) 2 SCC 594 laid down that a clean environment is a fundamental right of citizens under Article 21 and it is for the local bodies as well as the State to ensure that public health is preserved by taking all possible steps. For doing so, financial inability cannot be pleaded.

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Further, the Hon'ble Supreme Court in the case of A.P. Pollution Control Board v. Prof. M.V. Nayudu, (1999) 2 SCC 718 elevated the Right to a clean and healthy environment to the status of a fundamental human right under Article 21. The relevant portion of the judgment is produced below:-

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"57. Environmental concerns arising in this Court under Article 32 ог under Article 136 or under Article 226 in the High Courts are, in our view, of equal importance as human rights concerns. In fact, both are to be traced to Article 21 which deals with the fundamental right to life and liberty. While environmental aspects concern "life", human rights aspects concern "liberty". In our view, in the context of emerging jurisprudence relating to environmental matters, as is the case in matters relating to human rights, it is the duty of this Court to render justice by taking all aspects into consideration. With a view to ensure that there is neither danger to the environment nor to the ecology and, at the same time, ensuring sustainable development, this Court in our view, can refer scientific and technical aspects for investigation and opinion to expert bodies such as the appellate authority under the National Environmental Appellate Authority Act, 1997."

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The Hon'ble Supreme Court in the case of M.C. Mehta v. Union of India (Kanpur Tanneries 22-9-87), (1987) had established that the right to a healthy and clean environment is integral to the Right to Life. The relevant excerpt from the judgment is reproduced below:-

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“4. Man is both creature and molder of his environment which gives him physical sustenance and affords him the opportunity for intellectual, moral, social and spiritual growth. In the long and tortuous evolution of the human race on this planet a stage has been reached when through the rapid acceleration of science and technology, man has acquired the power to transform his environment in countless ways and on an unprecedented scale. Both aspects of man's environment, the natural and the manmade, are essential to his well being and to the enjoyment of basic human rights even the right to life itself........

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13. Further, in the case of M.C. Mehta v. Kamal Nath, (2000) 6 SCC 213 the Apex Court had recognized that Article 48- A and Article 51-A(g) should be construed within the ambit of Article 21. The relevant excerpt from the judgment is provided below: -

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"8. Apart from the above statutes and the rules made thereunder, Article 48-A of the Constitution provides that the State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country. One of the fundamental duties of every citizen as set out in Article 51-A(g) is to protect and improve the natural environment, including forests, lakes, rivers and wildlife and to have compassion for living creatures. These two articles have to be considered in the light of Article 21 of the Constitution which provides that no person shall be deprived of his life and liberty except in accordance with the procedure established by law. Any disturbance of the basic environment elements, namely air, water and soil, which are necessary for "life", would be hazardous to "life" within the meaning of Article 21 of the Constitution."

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It is further argued by the learned counsel for the Applicant that Hon'ble Supreme Court in Virender Gaur v. State of Haryana, (1995) 2 SCC 577, considered the enjoyment of live and attainment of human dignity encompassing the protection and preservation of the environment, ecological equilibrium, devoid of air and water pollution, and sanitation, without which life cannot be enjoyed. Relevant excerpta from the aforementioned judgment is as follows:

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7. Article 48-A in Part IV (Directive Principles) brought by the Constitution 42nd Amendment Act, 1976, enjoins that the State shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the country Article 47 further imposes the duty on the State to improve public health as its primary duty. Article 51-A(g) imposes a fundamental duty on every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life and to

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have compassion for living creatures". The ward environment is of broad spectrum which brings within its ambit hygiene atmosphere and ecological balance. It is, therefore, not only the day of the State but also the duty of every citizen to maintain hygienic environment. The State, in particular has duty in that behalf and to shed its extravagant unbridled sovereign power and to forge in its policy to maintain ecological balance and hygienic environment Article 21 protects right to life as a fundamental right. Enjoyment of life and its attainment including their right to life with human dignity encompasses within its whit, the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation without which he cannot be enjoyed. Any contra arts or actions would cause environmental pollution Environmental, ecological, air, water, pollution, etc., should be regarded as amounting to violation of Article 21. Therefore, hygienic environment is integral facet of right to healthy life and it would be impossible to live with human dignity without a humane and healthy environment Environmental protection, therefore, has now become a matter of grave concern for human existence. Promoting environmental protection implies maintenance of the environment as a whole comprising the man-made and the natural environment. Therefore, there is a constitutional imperative on the State Government and the municipalities, not only to ensure and safeguard proper environment but also an imperative duty to take adequate measures to promote, protect and improve both the man-made and the natural environment’’

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In OA No.606/2018 vide order dated 28.02.2020 dealing the matter of the solid waste and liquid waste, this Tribunal in the above noted case directed the States as follows:-

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"a. In view of the fact that most of the statutory timelines have expired and directions of the Hon'ble Supreme Court and this Tribunal to comply with Solid Waste Management Rules, 2016 remain unexecuted, interim compensation scale is hereby laid down for continued failure after 31.03.2020. The compliance of the Rules requires taking of several steps mentioned in Rule 22 from Serial No. 1 to 10 (mentioned in para 12 above). Any such continued failure will result in liability of every Local Body to pay compensation at

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the rate of Rs. 10 lakh per month per Local Body for population of above 10 lakhs, Rs. 5 lakh per month per Local Body for population between 5 lakhs and 10 lakhs and Rs.1 lakh per month per other Local Body from 01.04.2020 till compliance. If the Local Bodies are unable to bear financial burden, the liability will be of the State Governments with liberty to take remedial action against the erring Local Bodies.

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Apart from compensation, adverse entries must be made in the ACRs of the CEO of the said Local Bodies and other senior functionaries in Department of Urban Development etc. who are responsible for compliance of order of this Tribunal. Final compensation may be assessed and recovered by the State PCBs/PCCs in the light of Para 33 above within six months from today. CPCB may prepare a template and issue an appropriate direction to the State PCBs/PCCs for undertaking such an assessment in the light thereof within one month.

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b. Legacy waste remediation was to commence from 01.11.2019 in terms of order of this Tribunal dated 17.07.2019 in O.A. No. 519/2019 para 25 even though statutory timeline for completing the said step is till 07.04.2021 (as per serial no. 11 in Rule 22), which direction remains unexecuted at most of the places and delay in clearing legacy waste is causing huge damage to environment in monetary terms as noted in para 33 above, pending assessment and recovery of such damage by the concerned State PCB within four months from today, continued failure of every Local Body on the subject of commencing the work of legacy waste sites remediation from 01.04.2020 till compliance will result in liability to pay compensation at the rate of Rs. 10 lakh per month per Local Body for population of above 10 lakhs, Rs. 5 lakh per month per Local Body for population between 5 lakhs and 10 lakhs and Rs. 1 lakh per month per other Local Body. If the Local Bodies are unable to bear financial burden, the liability will be of the State Governments with liberty to take remedial action against the erring Local Bodies. Apart from compensation, adverse entries must be made in the ACRs of the CEO of the said Local Bodies and other senior

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functionaries in Department of Urban Development etc. who are responsible for compliance of order of this Tribunal. Final compensation may be assessed and recovered by the State PCBs/PCCs in the light of Para 33 above within six months from today.

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c. Further, with regard to thematic areas listed above in para 20, steps be ensured by the Chief Secretaries in terms of directions of this Tribunal especially ur.t. plastic waste, biomedical waste, construction and demolition waste which are linked with solid waste treatment and disposal. Action may also be ensured by the Chief Secretaries of the States/UTs with respect to remaining thematic areas with hazardous waste, e waste, polluted industrial clusters, reuse of treated water, performance of CETPS/ETPS, groundwater extraction, groundwater recharge, restoration of water bodies, noise pollution and illegal sand mining.

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d. The compensation regime already laid down for failure of the Local Bodies and/or Department of Irrigation and Public Health/In-charge Department to take action for treatment of sewage in terms of observations in Para 36 above will result in liability to pay compensation as already noted above which are reproduced for ready reference:

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i. Interim measures for phytoremediation/ bioremediation etc. in respect of 100% sewage to reduce the pollution load on recipient water bodies 31.03.2020. Compensation is payable for failure to do so at the rate of Rs. 5 lakh per month per drain by concerned Local Bodies/States (in terms of orders dated 28.08.2019 in O.A. No. 593/2017 and O.A. No. 673/2018) w.e.f. 06.12.2019 01.04.2020.

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ii. Commencement of setting up of STPs 31.03.2020. Compensation is payable for failure to do so at the rate of Rs. 5 lakh per month per STP by concerned Local Bodies/States (in terms of orders dated 28.08.2019 in O.A. No. 593/2017 and 06.12.2019 in O.A. No. 673/2018) w.e.f. 01.04.2020. iii. Commissioning of STPS 31.03.2021. Compensation is payable for failure to do so at the rate of Rs. 10 lakh per month per STP by concerned Local Bodies/States (in terms of orders dated 28.08.2019 in

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O.A. No. 593/2017 and 06.12.2019 in O.A. No. 673/2018) w.e.f. 01.04.2021.

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e. Compensation in above terms may be deposited with the CPCH for being spent on restoration of environment which may be ensured by the Chief Secretaries of the States/UTs

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f. An Environment Monitoring Cell may be set up in the office of Chief Secretaries of all the States/UTs within one month from today, if not already done for coordination and compliance of above directions which will be the responsibility of the Chief Secretaries of the States/UTs.

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g. in Compliance reports respect of significant environmental issues may be furnished in terms of order dated 07.01.2020 quarterly with a copy to CPCB."

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There appears to be need for change at policy and execution level after study of success stories elsewhere and in the light of several orders of the Tribunal dealing with the issue in respect of other States, particularly relating to solid waste management at Indore. There has to be a dedicated Cell in the office of the Chief Secretary manned by senior level officers to coordinate such serious issues to regularly monitor progress of execution of projects on time and maintaining inter-departmental co-ordination. It is necessary to ensure that wet solid waste (biodegradable) is kept separate from dry waste (nonbiodegradable and recyclable) at all source generating levies, collection, transportation or handling which can inter alia be resource for compost or biogas generation. Dry waste can be separately handled by setting up Material Recovery Facility with sorting mechanism for further recycling or reuse. It is necessary that District Headquarters and Semi Urban and Rural Areas after segregation of waste and the waste which is recyclable, need to be properly coordinated for utilization like in cement kilns and by the authorized scrap dealers/recyclers.

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We have suggested change in approach in realizing that remedial action cannot wait for indefinite period nor loose ended time lines without accountability can be a solution. Responsibility of the State is to have

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comprehensive time bound plan with tied up resources to control pollution which is its absolute liability. If there is deficit in budgetary allocation, it is for the State alone to have suitable planning by reducing cost or augmenting resources. People must be involved in the problem by appropriate awareness and strategies to encourage public participation and contribution. At the cost of repetition, health issues cannot be deferred to long future. Long future dates breach of which has taken place frequently in the past without accountability is not a convincing solution. It is poor substitute for compliance within laid down timelines for long past. This approach may project lack of concern or not realizing the grim ground situation crying for emergent remedial measures on priority. There is no time for leisure, reflected in timelines proposed for bridging the acknowledged gaps.

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It is the mindset and determination to act in a mission mode which can produce results. Thus, it may be necessary to brain storm with available experts and other stake holders in the State at different levels, evolve models for both solid and sewage management which can be fast replicated, initiate special campaigns with community/media involvement in the larger interest of protecting environment and public health with determination for prompt action. Such brainstorming sessions may enable capacity enhancement of the regulators and the processes. Campaigns and community involvement may result in reducing the financial and administrative load on the administration. It would be better to replicate the efforts made in maintaining cleanliness including enhancing public contribution and utilizing the sewage and solid waste management. 45. Compliance of environmental norms on the subject of waste management has to be on high on priority. It is high time that the State realizes its duty to law and to citizens and adopts further monitoring at its own level.

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In the light of above observations, it appears that there is need for paradigm shift in handling of the situation. The nagging problem of waste management stares the administration in the face and remains unresolved to the detriment of environment and public health. First change required is to set up a

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centralized single window mechanism for planning, capacity building and monitoring of waste management at the State level. Of course, local authorities have to do their duty and stocktaking at the district levels may continue but subject to supervision and control of such mechanism. It should be headed by an officer of the rank of Additional Chief Secretary with representation from concerned departmental Urban Development, Rural Development, Environment and Forest, Agriculture, Water Resources, Fisheries and Industries. The mechanism should be working on Fulltime basis. Its functions should include preparing a comprehensive blue print, periodic review of progress in bridging the gaps in sewage and solid waste management and establishing, continuous interaction with the stakeholders, including experts and institutions, concerned departments, community members and all other stakeholders. There must be a continuous training programme for those involved in execution of waste management projects. It should be responsible for selecting service providers and simplifying procedures for fixing terms of engagement. Best practices are in be evolved and followed. The State may interact with the municipal agencies like Indore Municipal Corporation, Punjab Pollution Control Board and Bhubaneswar Municipal Corporation to have more feedback and teams may undertake field visits. Mechanism be considered to engage service providers by due diligent process who may execute work relating to solid and sewage management simultaneously throughout the State all districts, cities and towns. Selection of service providers may be done taking into account of his past performance and number of projects and capacity to handle successfully. As applicable, consultancy may be sought initially and thereafter execution done with departmental efforts under due supervision.

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Under the Solid Waste Management Rules, 2016, statutory authorities for

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various actions have been specified under Rule 5 a Central Monitoring Committer (CMC) is to be constituted headed by the Secretary, MoEF&CC with representation from Ministries of Urban Development, Rural Development, Chemicals and Fertilizers, Agriculture, CPCH, State PCRs/PCCs, Urban and

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Rural Development Departmental, Urban Local Bodies and Towns from the of the States, FICCI, CII and subject experts. The CMC is to meet once in a year. The Ministry of Urban Development has to coordinate with the States/UTA under Rule 6 for periodic review and formulation of National Policy and strategies and taking other measures. Under Rule 7, the Department of Fertilizers, Ministry of Chemical and Fertilizers (MoCF) have to provide market development assistance for compost and promote marketing of such compost. MoCF has to comply with Hon'ble Supreme Court's order dated 1.9.2006 in WPIC) No. 888/1996 and ensure that instructions given to the fertilizer companies on 2.6.2008 and 18.6.2012 on comarketing of compost from city garbage with chemical fertilizers as a "Basket approach' be complied with. Further, MoCF may review subsidy fertilizer policy considering Rule 8 of the Solid Waste Management Rules, 2016 and the media report. Under Rule 8, Ministry of Agriculture has to evolve mechanism for utilization of compost. Under Rule 9, Ministry of Power has to decide compulsory purchase and tariff issues. Under Rule 10, Ministry of New and Renewable Energy Sources has to facilitate infrastructure creation and provide for subsidy. Under Rule 11, the concerned Secretaries of Urban Development have to prepare State Policy and Management strategies and the Town Planning Department has to ensure setting up waste processing and disposal facilities and take other enumerated actions Under Rule 12, the District Magistrates have to identify suitable lands and review performance of local bodies. Under Rule 13, the Secretaries of Panchayata have also to perform similar duties. Under Rule 14, CPCB is to coordinate with State PCBs and formulate standards of ground water, ambient air quality, noise, etc. Under rule 15, local authorities have to prepare solid waste management plans, collection of waste and coordination with the other stakeholders for enumerated steps. Under Rule 16, the SPCBs/PCBs have to enforce the rules and monitor compliances. Under rule 17, there are duties of private bodies, including the manufacturers to be monitored by the State Bodies. The timelines are provided in Rule 22 in various steps. Last timeline of 5 years from the Rules expires on 7.4.2021. There is also provision be audit

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and submitting of annual report under Rule 24. Since there has been large scale non-compliances of the said rules, all the concerned authorities need to review the progress and perform their responsibility in accordance with law. The MRF&CC has to finally monitor compliance, as already mentioned.

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In view of continuing huge gaps in solid and liquid waste generation and treatment, it is high time that Ministry of Housing and Urban Development (MoUD) and National Mission for Clean Ganga (NMCG) who have programmes like Swachh Bharat Mission (SBM Urban 2.019, AMRUT 2020, Swachh Bharat Mission (Grameen 21 and River Cleaning, appropriately monitor compliance of waste management norms by concerned States/UTs and take remedial action on their part Central Funding and State budgetary provisions need to be adequately allocated and apportioned keeping in view of environment compensation which is based on the restoration work estimate. While granting/disbursing funds to States/UTs, execution mechanism for centralised tendering at the State level to overcome delays at each city/town level may be considered. This may facilitate timely utilization of funds. MoEF&CC and CPCB may continue monitoring as per MSW Rules and the Water Act. MoUD and NMCG may also note the gape reported by the States and UTs in solid and liquid waste management MoUD may further consider to render proper financial and technical support to States and UTs.

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With regard to duty to manufacturers or brand owners regarding disposal of sanitary napkins and diapers, the rule provides as follows:-

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“17 . Duty of manufacturers or brand owners of disposable products and sanitary napkins and diapers :-

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(1) All manufacturers of disposable products such as tin, glass, plastics packaging, etc., or brand owners who introduce such products in the market shall provide necessary financial assistance to local authorities for establishment of waste management system.

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(2) All such brand owners who sell or market their products in such packaging material which are non- biodegradable shall put in place a system to collect back the packaging waste generated due to their production.

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(3) Manufacturers or brand owners or marketing companies of sanitary napkins and diapers shall explore the possibility of using all recyclable materials in their products or they shall provide a pouch or wrapper for disposal of each napkin or diapers along with the packet of their sanitary products.

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(4) All such manufacturers, brand owners or marketing companies shall educate the masses for wrapping and disposal of their products.

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18. Duties of the industrial units located within one hundred km from the refused derived fuel and waste to energy plants based on solid waste - All industrial units using fuel and located within one hundred km from a solid waste based refused derived fuel plant shall make arrangements within six months from the date of notification of these rules to replace at least five percent of their fuel requirement by refused derived fuel so produced."

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21 . Criteria for waste to energy process:

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(1) Non recyclable waste having calorific value of 1500 K/cal/kg or more shall not be disposed of on landfills and shall only be utilized for generating energy either or through refuse derived fuel or by giving away as feed stock for preparing refuse derived fuel.

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(2) High calorific wastes shall be used for co-processing in cement or thermal power plants.

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(3) The local body or an operator of facility or an agency designated by them proposing to set up waste to energy plant of more than five tones per day processing capacity shall submit an application in Form-I to the State Pollution Control Board or Pollution Control Committee, as the case may be, for authorization."

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In the case of Bhopal Municipal Corporation Vs. Dr. Subhash Chandra Pandey & Ors. vide order dated 05.05.2026 in Civil Appeal No.6174 of 2023, the matter of violation of environmental norms have been seriously viewed by the Hon’ble Supreme Court. In accordance with the powers under Section 5 of the Environment (Protection) Act, 1986, the District Collectors across the country have been directed to implement

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the Solid Waste Management Rules, 2026, within the jurisdictional limits. and the Hon’ble Supreme Court directed as follows:-

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“(i) This Earth and this Nation are what we all have in common. We are confident that a group of committed civil servants, officers, people's representatives, and foot soldiers vested with the power to administer the SWM Rules, 2026, can spread the light of preserving this planet and this Nation from man-made destruction. The statutory framework introduced under the Environment (Protection) Act, 1986, will be the change for the progress and well-being of the Indian citizens. It should be the shared commitment to leave behind a tolerable planet for future generations. Their thanks for preserving the planet will not be heard by us, but our willingness to sacrifice, work tirelessly for them, and dedicate ourselves will leave the mark of our conscience for times to come.

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(ii) The District Collectors are directed to constitute and dedicate a 'Special Cell' not only to oversee the implementation, but in given circumstances, to issue directions for the stoppage of water/electricity to bulk generators of solid waste who disobey the directions or disregard the Rules. The District Collectors are directed to conduct virtual spot inspections of the dumping sites, implement the rules, and fortnightly prepare and forward the report to the designated Secretaries in the States.

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(iii) The directions, if any, issued by the District Collectors under the delegated authority are understood as directives issued in furtherance of the orders of this Court.

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(iv) The Regional Officers of the respective Pollution Control Boards shall also be included in the Special Cell directed to be set up under the supervision of the District Collector. The Regional Officers of the respective Pollution Control Boards are directed to conduct field inspections of authorized and unauthorized dump yards/sites within their jurisdictions and forward photographs to the District Collector and Local Bodies for further action and compliance. The District Collector issues directions to ensure that Solid Waste is transported, managed, and disposed of by vehicles authorized by the Local Bodies. This enables the Local Bodies not only to regulate but also to prevent unauthorized dumping along roadsides, railway tracks, lakes, foothills, etc.

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(v) The District Collectors are directed to prepare a brief summary of the performance/progress of the implementation of the SWM Rules once a month and submit it to the respective secretaries. The respective secretaries, in turn, with an abstract, certifying assessment of progress and deficiency within their respective states, forward the report to the concerned Ministries, viz, (i) Secretary, MoEFCC; (ii) Secretary, Department of Drinking Water and Sanitation, Ministry of Jal Shakti; "

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(vi) The first phase of monitoring by the Secretaries in the Union of India and the Secretaries in the State/UTs of municipal corporations, municipalities and gram panchayats is set out as follows:-

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(1) The District Collectors are directed to communicate the orders of this Court dated 19.02.2026, 29.04.2026 and 05.05.2026 (the present order) through the respective Commissioner/ Executive Officers/Panchayat Secretaries, who shall, in turn, communicate the same to the elected ward members/corporators/councilors.

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(2) The State Governments are directed to incentivize good performance by prioritizing grants to which wellperforming local authorities or local bodies are entitled. Conversely, defaulting local bodies shall attract penal consequences for non-compliance with the Rules.

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(3) The Secretary, Ministry of Panchayati Raj, and the Urban Development Secretary are directed to explore a roadmap to incorporate knowledge of and obligations under the Solid Waste Management Rules into the functioning of elected representatives as part of the representative process in local bodies.

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(vii) The Secretaries, viz, (i) Secretary, MoEFCC; (ii) Secretary, Department of Drinking Water and Sanitation, Ministry of Jal Shakti; (iii) Secretary, MoHUA; (iv) Secretary, Ministry of Panchayati Raj; and (v) Secretary, Ministry of Rural Development, are directed to deliberate upon and explore the inclusion of contributions under Corporate Social Responsibility ("CSR") by industries for the establishment of Compressed Biogas plants or such other latest technology as may be available for converting waste into energy into the extant

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scheme and the modalities for availing the funds. Such contributions shall, to the requisite extent, compensate and follow principles similar to the Polluter Pays Principle for the overall upkeep of local bodies. This is not to strictly enforce the principle of the Polluter Pays, but for the amelioration of the environment, CSR funds shall be utilised exclusively for the improvement of local bodies within whose jurisdictions the contributing industries are located. We direct that such contributions be prioritised within the schemes operated by the Union of India.

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(viii) The Chief Secretaries are directed to circulate the Form IV under the SWM Rules, 2026, by 15th May, 2026; receive the filled data, collate it, and forward it to the Respective Secretaries of the Union of India for enhanced and efficient performance monitoring of the local bodies.

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(ix) The Chief Secretaries are directed to identify tourist-centric beaches, tourist places, and pilgrim centres, and to put in place a special mechanism for implementing the SWM Rules, 2026, at such locations.

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(x) The Chief Secretaries are directed to conduct an inventory of the implementation of the Plastic Waste Management Rules, 2016 (as amended from time to time), in their respective jurisdictions and, through the Secretary, MoEFCC, submit a report on strict compliance with the Plastic Waste Management Rules, 2016. Including handholding of Gram Panchayats for identification and registration of Bulk Waste Generators' activities related to EBWGR certification, Legacy waste, dumpsite remediation, etc., as applicable in rural areas. Presently, nearly 1,700 ULBS have registered on the CPCB's EPR Portal. The State must advise all ULBs, giving a timeline in a graded manner, to register on the EPR Portal.

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(xi) States should plan sanitation and SWM projects by converging multiple funding sources. Especially in rural areas, States must make adequate provisions from their own resources so that Gram Panchayats can carry forward these activities.

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(xii) …………..the States/UTs to review the sanctioned and available manpower in urban and rural local bodies to fill the identified vacancies in a time-bound manner and States/UTs’

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may also consider creating a dedicated cadre within rural local bodies, funded from their own resources, for SWM and sanitation service delivery, thereby developing the technical capacities of rural local bodies."

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(xiii) Gram Panchayats are categorized by population size to assign appropriate staff, ensuring at least a full-time Panchayat Secretary and technical support in every Gram Panchayat. Over and above the State matching share under SBM-U, the State should provide necessary interventions for short-term and longterm capacity building of local bodies.

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(xiv) On appreciating the compliance reports filed by the States, we notice that on the following points, the State Governments implement and file a status report to the Secretary, MoHUA and the Secretary, MoEFCC for further action at both ends:

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a. Local Self Governments ("LSGs") must bring in source segregation with focus on BWGs. Door to door mapping of waste generators can be done with the Safai Supervisors challenging the non-compliant generators. The focus on BWGs needs to be complete and absolute.

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b. LSGs must upgrade their collection and transportation to have completely closed vehicles for secondary transportation.

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c. LSGs must use technology to map Garbage Vulnerable Points (GVPs) and ensure that there is no recurrence by using a mix of penalties and improved collection systems.

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d. All high footfall areas must be identified by that are garbage-prone and a mix of initiatives like - Swachhata Marshals (community patrollers), strict enforcement amongst vendors, twice-a-day sweeping, and additional manpower as per seasonality requirements, declarations of no-Single-Use Plastic zone and its enforcement,

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e. Special Purpose Vehicle is set up only for Solid Waste Management with specialization in the processing of all streams of waste. While primary collection and transportation of waste can be the ULBs' mandate, efficient operation of processing plants can be the SPVs' specialized domain. Even collection and transportation can be handed over to the SPV, as per well-structured KPIs.

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f. ULBs must designate at least 30 percent of their total funds for effective city cleanliness and solid waste management.

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g. City cleanliness being a priority, States/UTs must evolve Ward cleanliness ranking which must be a criteria for providing incentives to a Ward. The Ward member/councillor/corporator will lead these activities with the help of a Ward Swachhata Committee with select members of the Ward as voluntary members.

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h. The city must designate waste handling areas in all new areas of planned expansion.

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i. There should be no dumping of waste or legacy dumpsites. Only rejects should be allowed to sanitary scientific landfill. The decentralized waste management sites must also be used to educate children and other citizens.

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j. All wards should have a neighbourhood RRR centre (Reduce -Reuse-Recycle) Centre so that citizens can use this to donate their used materials, electronic products, clothes, books, etc. k. Each big city must tie up with industry so that the Material Recovery Facility is the pick-up point for industrial recycling, including plastics, and the city can generate Extended Producer Responsibility Certificates from the same.

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(xv) The local bodies are directed to set out 'short', 'medium', and 'long-term' objectives to be accomplished by the authorities.

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In view of the above facts, we direct as follows:-

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i. Chief Executive Officer of Municipal Council/Nagar Nigam, Alwar and the Collector, Alwar is directed to strictly enforce the Solid Waste Management Rules and ensure that solid waste must be disposed of according to rules.

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ii. The State PCB is directed to take necessary steps for compliance of the order and in case of violation, necessary action steps be taken for punitive action as well as realization of Environmental Compensation/damage according to rules

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and also to take immediate measures for restoration of damage to the environment.

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iii. The Local Body shall also constitute Environmental Cell with one officer qualified in environmental field to train the staff and the persons engaged in collection, transportation and handling of MSW along with operation of MRF & SLF in accordance with the MSW rules.

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iv. The Collector and Municipal Commissioner, Alwar are also directed to make action plan with regard to disposal of legacy waste of the District Alwar and to expedite the disposal within a time frame.

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v. All manufacturers of disposal products such as tin, glass, plastic packaging, television, fridge etc. and other food materials packaging or brand owners who introduce such products in the market are directed to provide necessary financial assistance to local bodies for establishment of waste management system, Collectors/Municipal Commissioners of every districts shall arrange to examine the units of manufacturers/producers of disposal products and ensure that they buy back their packaging materials from the consumer or to establish a disposal facility for proper disposal. In absence of such facility, these units have to enter into an agreement with the Municipal Corporation to assist in collecting and disposing the packaging materials which are thrown into the garbage of Municipal Council or Municipality causing health hazards.

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vi. Manufacturers or the brand owners of market company of sanitary napkins and diapers shall explore the possibility of using all recyclable materials in their products or they shall

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provide a pouch or wrapper disposal of each napkin or diaper with the packet of their sanitary products and also make arrangements for their collection and disposal.

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vii. The Collectors and Municipal Commissioners shall ensure that the industrial units using fuel and located within 100 kilometers from a solid waste based refused derived fuel plant, shall make arrangements to replace at least 5% of their fuel requirement by refused derived fuel so produced by the disposal facility centers.

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viii. Non-cyclable waste having calorific value of 1500 k/cal/kg shall not be disposed of on landfill and shall only be utilized for generating energy either or through refused derived fuel or by giving away as feed stock for preparing refuse derived fuel.

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ix. The Municipal Council, Alwar and the Collector, Alwar are further directed to ensure that the unit must have a Environment Clearance/CTO from the Competent Authority/State PCB within a time frame and further that the work with regard to construction, supply, installation and commissioning of mechanical transfer station must be completed within a time frame as directed in the contract letter and in case of non-completion, necessary action must be taken against the concerned agency.

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