IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Ali Mohammad Magrey, Rashid Ali Dar, JJ.
Advocate A. R. Hanjura and Others - Petitioner
Versus
State of J&K and Others - Respondents
PIL No.361 of 2011 c/w PIL No.12 of 2018
Decided On : 04-11-2019
Constitution of India, 1950 - Conservation of waste into energy - Transport fleet - That with regard local segregation and treatment of solid waste conservation waste into energy organic compost and treatment of other solid waste under the Solid Waste Management Rules as well as treatment and disposal Bio Medical Waste generated across State in all Private Government Hospitals Nursing Homes Clinics etc respondent Corporation submits as Srinagar City is spread over an area having Electoral Wars Administrative Wards with road length of approximately running both macadamized and other roads – Held, Regard to submission Amicus Curiae that authorities in Corporation in order to redress growing dog menace in Srinagar City are dumping stray dogs in peripheries of different areas Kashmir other than Srinagar city we direct Committee to express its comments and suggestions in this regard so that citizens of such areas are also not put to any danger while ensuring safety of citizens of Srinagar city Officers concerned be those belonging to Municipalities Districts of Kashmir or those Corporation shall cooperate with Committee as and when required - Committee shall also put forth its comments and suggestions as regards all issues highlighted by Corporation in its status report filed in compliance of order this Court reproduced hereinabove - Request of Corporation with reference making available some financial support for running shall be expedited by Government of Jammu & Kashmir and compliance reported before this Court through Dar Senior Additional Advocate General by next date of hearing - With regard to submission Khan counsel representing Corporation that considerable number of vehicles have been donated by Economic Reconstruction Agency Corporation for ensuring collection of solid waste from different sites of Srinagar city but because of non availability of drivers for these vehicles which Corporation cannot afford said vehicles are not being used and that Corporation has already initiated process of making request to Housing and Urban Development Department in this regard court direct Commissioner Secretary to Government Housing and Urban Development Department that in case request is made in this behalf by Corporation same shall be considered and response submitted thereto by next date hearing – Order accordingly
JUDGMENT :
Ali Mohammad Magrey, J.
This petition, filed in public interest, revolves round the subject of menace of dog bites, particularly, those having rabies.
2. In view of the nature of public interest involved in the present petition, we appoint Mr A. H. Naik, the learned Senior counsel, as the Amicus Curiae in the instant petition.
3. By order of this Court dated 29th of July, 2019, Mr Moomin Khan, the learned counsel appearing on behalf of the Srinagar Municipal Corporation (hereinafter referred to as the “Corporation”), was directed to file the status report in terms of paragraph No.2 of the order dated 29th of May, 2019.
4. Status report, in compliance of order dated 29th of July, 2019 (supra), stands filed on behalf of the Corporation, wherein it has been stated as under:
“1. That with regard local segregation and treatment of the solid waste, conservation of waste into energy, organic compost and treatment of other solid waste under the Solid Waste Management Rules as well as the treatment and disposal of the Bio Medical Waste generated across the State in all Private, Government Hospitals, Nursing Homes, Clinics etc, the respondent Corporation submits as under:-
(a)The Srinagar City is spread over an area of 246 Sq Kms having 73 Electoral Wars /34 Administrative Wards with a road length of approximately 1600 running Kms (both macadamized and other roads). As per the 2011 Census, the city population was 11.68 lacs, At present the estimated population is 16 lacs including 2 lac floating population. There are 1.78 lacs households and 85600 commercial establishments including shops etc and as many as 1240 hotels and restaurants operating in Srinagar City. The Solid Waste generation sources are mainly residential, commercial, private slaughter houses, institutions, Organizations like hospitals, restaurants, industrial units, parks and gardens, construction and demolition waste (debris) etc. The functioning of the Solid Waste Management Sanitation wing is as under: -
i.Door to door waste collection.
ii.Collection of segregated waste.
iii.Street sweeping.
iv.De silting of surface and mini deep drains.
v.Removal of dead animals like cows, dogs, horses etc.
vi.Cutting of wild grass on footpaths and road sides.
vii.Disinfecting of city roads and public places with lime, gammaxene, Phenyl, etc.
viii.Sifting of garbage to secondary storage point.
ix.Washing and clearing of footpath.
x.Transportation of garbage from secondary collection points/temporary collection points to dumping site.
xi.Scientific disposal of garbage at Dumping Site Achan by way of Compositing, resources recovery etc.
(b)That to implement Solid Waste Management Rules 2016 in letter and spirit, emphasis is being given to education people to segregate the waste at source and need was felt to engage NGO’s to build capacity amongst the inhabitants of the Srinagar City to inculcate behavioural change amongst them with respect or implementation of best practices of Solid Waste management. For hiring such experts which would education the citizen of Srinagar City, tenders were floated and after due tendering process, the following 06 Information, Education and Communications partners (IEC Partners) were selected and simultaneously allotted different zones of Srinagar City vide No. SMC/SWM/734-44 dated 14.03.2018:
| S. No. | Name of IEC Partner Zone | Zones Allotted | Wards in Zone |
| 1 | JK Development Action Group | Zone 01 | Ward Nos. 01 to 05 |
| 2 | Human Welfare Voluntary Org. | Zone 02 | Ward Nos. 06 to 09 |
| 3 | Envosaviour Tech. Pvt. Ltd. | Zone 03 | Ward Nos. 10 to 13 |
| 4 | Gemini Productions | Zone 04 | Ward Nos. 14 to 17 |
| 5 | J&K Sahara Foundation | Zone 06 | Ward Nos. 22 to 26 |
| 6 | Eco Peace Resource Management Foundation | Zone 07 | Ward Nos. 27 to 31. |
(c)That in the State of Jammu and Kashmir, the respondent Corporation taking lead, has, afte
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