2015 Supreme(Raj) 511
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SUNIL AMBWANI AND AJIT SINGH, JJ.
VIMAL CHOUDHARY – Petitioners
Vs.
STATE OF RAJASTHAN & ORS. – Respondents
D.B. CIVIL SPECIAL APPEAL(W) NO.1088/2011
Decided On : 05.08.2015
Advocate Appeared:
Mr. Vimal Choudhary, appellant, present in person.
Mrs.Naina Saraf with Mr. Vinod Singhal, Mr. S.K. Gupta, Additional Advocate General, Dr. P.C. Jain, for the respondents.
Mr. G.S. Bapna, Senior Counsel assisted by Mr. Sarvesh Jain, for the intervenor.
Headnote:
R.M. Act, 2009 - Section 289, 299, 300 and 303 - Interest of cleanliness - Maintain hygiene in the City of Jaipur - Compliance report - Respondent no.2 to ensure complete and regular cleaning of the locality namely situated at eastern side - That in the area cleaning is regularly as undertaken by the Municipal Corporation and container which is having capacity of 7 C.M. and two containers having capacity of 1 C.M. has been placed in the area to collect the garbage and instructions have also been issued to Commissioner, Chief Sanitary Inspector, Sanitary Inspector and Sweeper to maintain the cleanness strictly - Process is under progress and after taking estimated cost of matter has been forwarded for administrative and financial sanction - Manual on Municipal Solid Waste Management so as to hold them 23 responsible for the non performance of the task - Direction which has been issued in relation to introduce single tire system is still in process as recruitment process of Sweeper/Class -IV employee is in progress and its likely to be completed by end - Due to various legal disputes in relations to recruitment process could not be completed - Court for implementation of one tire system after recruitment rationalization will be done and distribution employees in of beat system will also be determined and it is expected that whole process will be completed – Held, Provided sufficient guidelines for bringing in all those areas are left out from imposition of property tax in urban areas for satellite imaging and by imposing reasonable and rationale tax for services rendered - Citizens must contribute by paying taxes, for providing civic services - Every person who owns a building, must pay taxes on such rates as the State Government may deem fit, except clusters where taxes may be imposed collectively - Self assessment is considered to be a best method with random sample survey - Entire details of the urban taxation have been provided - Urban Renewal Mission must be implemented in the cities of Rajasthan - Imposition of tax for services will not only compensate services, but will also inculcate discipline and participation in the development of City - Municipal Corporation must carry out a special drive to recover all the arrears, failing which the electricity and water connections must be disconnected after due notice - Special drive will be undertaken by Municipal Corporation, every three months, for collection of urban development tax - Appellant for maintaining hygiene and cleanliness in the areas especially the area in which he resides hope and trust that the Municipal Corporation will take sufficient steps for fencing of the open areas, which are used for human defecation, and construct sufficient number of public toilets, including toilets constructed and maintained to maintain the cleanliness - Special Appeal is disposed
1. We have heard Mr. Vimal Choudhary, the appellant, appeairng in person.
2. A personal problem of cleanliness of the locality in which the appellant resides, was enlarged by the Court in issuing 16 directions on 31.05.2012. All the directions were in the interest of cleanliness and to maintain hygiene in the City of Jaipur.
3. A compliance report has been submitted, in which learned counsel appearing for the Nagar Nigam, Jaipur, has given the details of the steps taken, in compliance of the directions. The report is reproduced as below:-
“JMC filed the compliance report earlier also in reference to order dated 31.5.12 giving para wise compliance report in relation to the 16 directions issued by the Hon'ble Court. Thereafter, in continuation to the earlier compliance report further compliance report was submitted on 30.05.2013 along with requisite documents/orders. As under :
MARKED AT FLAG -A
Order dated
Reply of JMC
31.5.2013 :-
following directions were issued :
i) We direct the respondent no.2 to ensure complete and regular cleaning of the locality namely Ganesh Nagar situated at eastern side of Moti Doongri Hillock of Tilak Nagar, Jaipur.
That in the Ganesh Nagar area cleaning is regularly as undertaken by the Municipal Corporation and container which is having capacity of 7 C.M. and two containers having capacity of 1 C.M. has been placed in the area to collect the garbage and instructions have also been issued to the Commissioner, Chief Sanitary Inspector, Sanitary Inspector and Sweeper to maintain the cleanness strictly.
(i) That so far as establishing the Sulabh Sochayala in the area, the process is under progress and after taking the estimated cost of the Sulab Sochayala, the matter has been forwarded for administrative and financial sanction. Copy of the letter dated 24.5.2013 is enclosed herewith and marked as Annexure-A/2.
ii) We direct the Municipal Corporation, Jaipur to adopt single tier, system to sweep the streets and roads, clean the drains and collect the garbage and transport the same to the trenching ground, as suggested in Manual on Municipal Solid Waste Management, so as to hold them 23 responsible for the non performance of the task.
That direction which has been issued in relation to introduce single tire system is still in process as recruitment process of Sweeper/Class -IV employee is in progress and its likely to be completed by the end of August, 2013. Due to various legal disputes in relations to the recruitment process, the process could not be completed, however, now the hurdle have been cleared as the matter has already been disposed off by Hon'ble Court. For implementation of one tire system after the recruitment rationalization will be done and the distribution employees in of beat system will also be determined and it is expected that whole process will be completed by end of September 2013.
iii) Keeping in view the increasing population and rapid industrial growth of the city, we direct the respondent no.2 to increase the strength of scavenging staff to the tune of minimum 8000 as per the need of the hour.
That so far as the recruitment of Sweeper/Class-IV employee are concerned, the government has initially given sanction for 1097 posts, however, the same has been increased and additional 1700 posts have been sanctioned after inclusion of these posts and number of posts will be around more than 8000, thus Jaipur Municipal Corporation will be in position to implement the direction No.2 & 3 in complete sense.
Iv) We direct the Municipal Corporation, Jaipur to deploy 100 sanitary workers in each ward to clean the streets and the roads under