HC seeks fresh report on establishing dumping ground for garbage in Baramulla – Kashmir Reader

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Srinagar: The J&K High Court directed Deputy Commissioner Baramulla to submit a fresh action taken report regarding the establishment of the dumping ground for garbage and for cleaning and lifting of the garbage from Sopore town.
The Court of Chief Justice Pankaj Mithal and Justice Vinod Chatterji Koul while hearing the plea related to the removal of wastes and garbage from the Wular Lake took note of the report filed by the District Legal Services Authority dated February 8, 2021 which suggested three places for establishing dumping ground for the garbage, “but probably nothing has been done to establish the dumping ground nor any steps have been taken by the Deputy Commissioner to ensure that the Municipal Corporation works effectively for lifting the garbage”.
Additional Advocate General (AAG) B A Dar informed the court that recently a new Deputy Commissioner Baramulla has taken over the charge and as such he may be allowed some more time for taking action in regard to the matters connected in this PIL.
“In view of the above, we direct Counsel B A Dar to submit a fresh action taken report regarding the establishment of the dumping ground for the garbage and for cleaning and lifting of the garbage from the town of Sopore. He may file the report within one month supported by affidavit of the Deputy Commissioner himself,” the court said.
Earlier, the court had directed the Municipal Committee Sopore to place on record the site plan, the location of the dumping site before the bench on next date of hearing.
The court also asked authorities to file a report about the steps which can be taken for earmarking the boundary of the Wular Lake in the manner in which it is required to be done.
The court further asked the authorities to examine the steps taken for marking the boundaries of the Dal Lake in Srinagar and to see whether similar steps are required to be taken and could be replicated qua the Wular Lake as well.
“Let copy of the writ petition, reply filed by respondents be made available to Faizan-ul-Haq Iqbal, Secretary, District Legal Services Authority, Baramulla, within three days from today as also a copy of the order passed today, who shall verify the position and submit a report before us,” court directed.
Earlier, the plea moved by advocate Shafkat Nazir sought immediate stoppage of dumping of municipal solid waste/ biomedical waste on the land (Ramsar Wetland) contained under survey No. 90 situated at Dharnambal/Ningli Tarzoo Sopore which falls within the delineated periphery pillars of Wular Conservation and Management Authority (WUCMA) and also within the limits of Hygam-Ningli-Tarzoo Tourism Development Authority.
Advocate Nazir representing Central Auqaf Committee Tarzoo submitted before court that in the month of March, 2020 Municipal council, Sopore started dumping waste in close vicinity of Wular Lake
“Both biodegradable and non-biodegradable and biomedical wastes were dumped right on the banks/ boundary of Wular lake in the midst of tourist huts and near the prestigious Wular barrage/ navigation project which is of international importance,” counsel Nazir said.
While adding, that the solid waste is being dumped without following the Solid Waste Management Rules, 2016 and the whole place has been converted into a stinky swamp.
“The water from the Wular Lake and also the rain water wash away the garbage and filth into the Wular Lake and river Jhelum and also into the premises of tourist huts. The area which was earlier identified as the only recreational park for the whole area was surprisingly converted into a dumping site without following the rules or taking any permission/NOC from the Pollution Control Board or WUCMA,” the plea submitted.
It was further submitted that the Department of Soil and Water Conservation in terms of communication dated 09-03-2020 has mentioned that the Municipal Council Sopore is attempting to encroach the premises of the nursery land and has proposed dumping of solid waste within the delineated periphery of WUCMA and the plantation nursery.
“On the basis of the above said communication which was also forwarded to Divisional Forest officer, Bandipora. It was recommended that an FIR should be lodged against the Municipal Council Sopore for such encroachment,” Counsel Nazir said in the petition.
It was also said through the plea that the Regional Director J&K Pollution Control Board in terms of Notice dated 15.06.2020 has reprimanded Municipal Council, Sopore for dumping solid waste within Wular Lake demarcated area at Ningli/ Tarzoo Sopore and cautioned of serious legal action if same is not stopped immediately. “However, the illegal dumping of waste still continues,” Counsel Nazir said.
It was pleaded that the respondents be directed to develop the area in planned manner given its huge tourism potential while taking care of the environmental sensitivities.
“A direction may also be issued to the respondents to identify a proper place for dumping of municipal waste away from the residential and environmentally sensitive areas and develop the same in terms of Solid Waste Management Rules, 2016,” the petition sought.
Wular Lake is the largest fresh water lake in India and second largest in whole Asia. It is also a notified Ramsar wetland. The size of the Wular Lake varies seasonally from 30-260 sq. Kms. Wular Lake is the defined ecosystem of numerous species of flora and fauna including Carp Fish, Water chestnuts and lotus stem (Nadru). The river Jhelum enters the Wular Lake at Bandipora and then leaves it at Sopore. For the conservation and preservation of Wular lake the ‘Wular Conservation and Management Authority’ (WUCMA) has been set up by the government.

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