Gauhati High Court directs impleading of stakeholders in management of solid waste

Staff Reporter

Guwahati: The Gauhati High Court directed the impleading of stakeholders concerned in the management of solid waste for clarification in certain aspects of three PILs, including the formation of an advisory body in the state.

The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam issued the direction while hearing a case (PIL/50/2016) with linked cases (PIL/38/2022) and (PIL/74/2019), which were filed by the petitioners, mainly raising a grievance regarding mismanagement on the issue of solid waste management in Assam.

Earlier, on April 1, 2024, the court requested advocate D.K. Das to assist this court in these writ petitions (PILs).

 Das accepted the request to become Amicus Curiae in these matters. He submitted that the matter regarding the management of solid waste in the whole country was taken up by the National Green Tribunal (NGT), New Delhi, vide an order dated January 2, 2017 and that several directions had been issued to the central government as well as the state governments to take effective steps for the purpose of management of solid waste in the country.

 Das pointed out that under the Solid Waste Management Rules, 2016 (or the Rules of 2016), the Central Government, Central Pollution Control Board, State Governments, and State Pollution Control Boards have been entrusted with several responsibilities to take effective measures for dealing with the menace of solid waste management.  It was pointed out that, as per Rule 23 of the Rules of 2016, every state has to constitute a state-level advisory body. The Amicus Curiae has further submitted that from the affidavit filed on behalf of the state of Assam, it is not clear whether any state-level advisory board has been constituted or any policy has been framed under Rule 11 of the Rules of 2016.

 After taking into consideration the facts and circumstances of the cases, the bench deemed it appropriate to implead the Ministry of Environment and Climate Change, Union of India, as a party respondent in these PILs. They further directed the Central Pollution Control Board, the Pollution Control Board, Assam, and the Housing and Urban Affairs Department, Government of Assam, to be implead as party respondents in these writ petitions. The bench also directed that the Chief Secretary of Assam also be impleaded as a party respondent in the writ petitions where he is not a respondent.

 It was also directed that the counsel of the Union Ministry of Environment and Climate Change, as well as the Central Pollution Control Board, Pollution Control Board, Assam, and state Housing and Urban Affairs Department, should file their response by way of an additional affidavit on the issues raised by Das by the next date of hearing.

 The counsel appearing for the petitioners ought to file amended cause-titles of the writ petitions impleading the newly added respondents within a period of two (2) weeks, the bench stated, listing the matters again on August 5, 2024.

Also Read: Solid waste management menace: Gauhati High Court appoints Advocate D.K. Das as Amicus Curiae (sentinelassam.com)

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