The court emphasized the importance of complying with the Solid Waste Management Rules, 2016 and the obligations imposed by the Environment (Protection) Act, 1986 in addressing the issue of garbage disposal.

Ramesh Ranganathan, J.

Heard Shri Niranjan Bhatt, learned counsel for the petitioners, Shri Rajeev Singh Bisht, learned counsel for the Nagar Palika Parishad, Uttarkashi (respondent no. 10), Shri B.P.S. Mer, learned Standing Counsel for the State of Uttarakhand and Shri Vinay Kumar, learned counsel for the Uttarakhand Jal Vidyut Nigam Ltd. (respondent no. 7) and, with their consent, the writ petition is disposed of at this stage.

2. This writ petition is filed, in larger public interest, seeking a writ of certiorari to quash the order passed by the Additional Commissioner(Administration)/Additional Director Urban Development, Garhwal Mandal dated 30.10.2018, whereby a decision was taken by the respondents to take possession of the subject land; a writ of mandamus restraining the respondents from dumping garbage over the land situated in Village Kansain, Block Bhatwari, District Uttarkashi belonging to Uttarakhand Jal Vidyut Nigam Ltd.; and a writ of mandamus commanding the respondents to immediately remove the garbage which had been dumped over the land situated in Village Kansain, Block Bhatwari, District Uttarkashi, belonging to Uttarakhand Jal Vidyut Nigam Ltd.

3. The complaint, in this writ petition, is regarding the action of the Nagar Palika Parishad, Uttarkashi in dumping garbage, generated within its territorial limits, in Village Kansain located, beyond the territorial limits of the Nagar Palika Parishad, Uttarkashi, on land belonging to the Uttarakhand Jal Vidyut Nigam Ltd.

4. We had, by our order dated 11.01.2019, directed the Uttarkashi Nagar Palika Parishad not to dump garbage beyond its territorial limits; not to dump garbage within the flood-zone of the river Ganges; and not to dump garbage within the precincts of the Uttarakhand Jal Vidyut Nigam Ltd. without the prior written consent of the Board of Directors of the Uttarakhand Jal Vidyut Nigam Ltd.

5. Shri Rajeev Bisht, learned counsel for the Nagar Palika Parishad, Uttarkashi, would today draw our attention to the Solid Waste Management Rules, 2016 (hereinafter referred to as the “2016 Rules”) in support of his submission that an obligation is cast, in terms of the 2016 Rules, on the State Government to provide a dumping yard for each municipality, or for a cluster of municipalities/villages; the 2016 Rules are comprehensive and provide adequate safeguards against dumping of solid waste/garbage in Rivers and Lakes; and, since the tourist season is to commence in the first week of May, the State Government be directed to identify and provide a dumping yard, if need be on acquisition of the required land, before commencement of the tourist season.

6. Shri Vinay Kumar, learned counsel for the Uttarakhand Jal Vidyut Nigam Ltd., would submit that, consequent on a decision being taken by the Uttarakhand Jal Vidyut Nigam Ltd., its Managing Director had, vide letter dated 07.02.2019, informed the Secretary (Energy) of the unwillingness of the Uttarakhand Jal Vidyut Nigam Ltd. to provide its land, for the purposes of a dumping yard, for the Uttarkashi Municipality. As the Uttarakhand Jal Vidyut Nigam Ltd. has expressed its unwillingness to provide land for a dumping yard, the Nagar Palika Parishad, Uttarkashi cannot dump garbage in the said land.

7. The 2016 Rules were made by the Government of India in the exercise of the power conferred on it under Section 3, 6 and 25 of the Environment (Protection) Act, 1986, and in supersession of the Municipal Solid Waste (Management and Handling) Rules, 2000. Rule 11 of the 2016 Rules prescribes the duties of the Secretary, In-charge, Urban Development in the States and, under sub-section 1(f) thereof, the Secretary, Urban Development Department in the State, through the Commissioner or Director of Municipal Administration or Director of local bodies, shall 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 incorpo