PIL ON STRAY DOGS

DB constitutes three member committee to cross-check work done by SMC

05/11/2019

Srinagar, Nov 4: Hearing the PIL by Advocate A R Hanjura, a division bench of Justice Ali Mohammad Magrey and Justice Rashid Ali Dar constitute a committee comprising of Divisional COmmisisoner Kashmir, Sr. Adv AH Naik and Deputy Commisisoner Srinagar to cross check the work done progress, as claimed by the Corporation in their status report.
When the PIL Came-up for hearing, DB observed that petition, filed in public interest, revolves round the subject of menace of dog bites, particularly, those having rabies.
DB further observed that status report, in compliance of order dated 29th of July, 2019 (supra), stands filed on behalf of the Corporation, wherein it has been stated 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 that 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 Door to door waste collection, Collection of segregated waste, Street sweeping, De silting of surface and mini deep drains, Removal of dead animals like cows, dogs, horses etc, Cutting of wild grass on footpaths and road sides, Disinfecting of city roads and public places with lime, gammaxene, Phenyl, etc.Sifting of garbage to secondary storage point, Washing and clearing of footpath, Transportation of garbage from secondary collection points/temporary collection points to dumping site, Scientific disposal of garbage at Dumping Site Achan by way of Compositing, resources recovery etc.
In the status report it has been further submitted 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 ofSrinagar City vide No. SMC/SWM/734-44 dated 14.03.2018. That in the State of Jammu and Kashmir, the respondent Corporation taking lead, has, after following due tendering process, already vide No. SMC/SWM/2017/600-611 dated 11.12.2017 issued Letter of Intent to M/s Highland Automobiles Pvt. Ltd. (in consortium with key Stone Energy Systems LLP and Astrix Infra Private Ltd) for an integrated waste management facility including energy generation and value recovery from SWM for a capacity of500 + MT/PD, to be implemented on an Design, Finance, Build, Own, Operate and Transfer (DFBOOT) basis for a period of 25 years at Achan Srinagar. The said project is to be established within 18 months after Power Purchase Agreement (PPA) and Concession Agreement (CA) is reached between the project Proponent and other stake holders from J&K Government. The draft PPA and CA is only approved by J&K Power Development Department, Housing and Urban Development. One 30 tons per hour (TPH) capacity Mechanical Segregator is already installed at landfill site Achan, Srinagar, which at present is sieving 35% of the total waste coming to dumping site into various components. One mini Compost Plaint of a capacity of 2 TPD is already operation at Landfill site Achan, Srinagar, processing organic waste collected from Fruit Mandi and Vegetable mandi, Srinagar. The respondent Corporation is upgrading/ enhancing the processing capacity of said compost plant to 30MT/PD which will be operation within the shortest reasonable time. Besides this upgradation 2 numbers of 500 KG/PD and 2 MT/PD capacity automatic Organic Waste Convertors have been procured through GeM portal for decentralization of waste processing. The SMC has also installed a 300 KG Magnetic Waste Disintegrator at landfill site Achan which converts the plastic waste into ashes.
With regard to the bio medical waste, it is submitted in the status report that bio medical waste generated in all Government/ private hospitals, clinics, nursing homes is managed by these institutions of its own as per the prevalent Bio Medical Waste Management Rules and the respondent Corporation is only collecting municipal solid waste from these institutions, with regard to the steps taken for treatment offruit and vegetable waste across the state, the respondent Corporation submits that though there is no Organic Waste Convertor installed at Fruit Mandi situated at Qamarwari, Srinagar and Vegetable Mandi Batmaloo, Srinagar. The respondent Corporation collects the said vegetable/ fruit market waste from these Mandis and converts it into Organic Compost by way of windrow compositing done at dumping site Achan, Srinagar.
The SMC organizing awareness camps across the length and breadth of City at Ward level. Besides, awareness through electronic media, hoardings and FM Radio advertisements is being done on continuous basis. The SMC has distributed Srinagar city in eight zones and has allotted IEC campaign to six IEC partners, as detailed in para No.3 of this report to carry extensive campaign for segregation of waste at source. The IEC Partners have also engaged more than 250 human resource/ team leaders who are visiting every household/ commercial establishments in Srinagar city on daily basis and inculcating behavioural change amongst the citizens. Collection & transportation of Municipal solid waste , the household waste is being collected by the sanitary workers in handcarts, Cycle Rickshaws and Hopper Vehicles then temporarily dumped at Garbage Storage points (bins) spread all over the city at 555 places.
However, out of five hundred and fifty five storage points nearly one hundred and thirty two storage points are open and steps are being taken to replace them by covered bins, out of which sixty covered bins have been procured and have been installed at the aforementioned open spaces and rest open points will be replaced by covered bins within two months' time period and the waste collected at the temporary collection points is being transported to landfill site at Achan through our transport fleet.
So far 1250 Kgs of banned polythene confiscated and Rs. 175000/- realised as fine from Jan 2018 in 145 drives and the SMC is presently collecting the Construction and Demolition waste separately and using the same for levelling the low-lying land of SMC at Achan and Lasjan. "
Division Bench observed that having gone through the contents of the status report so filed by the Corporation as also the series of orders passed by us in this case, coupled with the gravity of the issue involved, we are of the opinion that a mechanism needs to be evolved for having the work done progress, as claimed by the Corporation in their status report, cross checked by appointing a Committee of three Officers.
Apart from the above, Division Bench also pass the following directions that in view of the submission ofMr Naik, the learned Amicus Curiae, to the effect that the subject of the instant PIL is not only concering the city of Srinagar, but is also a cause of concern in the whole State of Jammu and Kashmir, we, extend the scope of this PIL, initially, to all the Municipalities existing in the Districts of Kashmir. The Divisional Commissioner, Kashmir, who is also a member of the Committee constituted by us hereinabove, shall ensure collection of reports from all the Heads of the Municipalities of the Districts of Kashmir and place the same before the Committee so as to enable the Committee to put forth their views and suggestions, accordingly; With regard to the submission of the learned Amicus Curiae that the authorities in the Corporation, in order to redress the growing dog menace in Srinagar City, are dumping the stray dogs in the peripheries of different areas of Kashmir, other than the Srinagar city, we direct the Committee to express its comments and suggestions in this regard so that the citizens of such areas are also not put to any danger while ensuring safety of the citizens of Srinagar city.
DB further directed all the Officers concerned, be those belonging to the Municipalities of the Districts of Kashmir or those of the Corporation, shall cooperate with the Committee as and when required and the Committee shall also put forth its comments and suggestions as regards all the issues highlighted by the Corporation in its status report filed in compliance of order of this Court dated 29th of May, 2019, as reproduced hereinabove; The request of the Corporation with reference to making available some financial support for running the ABCAR shall be expedited by the Government of Jammu & Kashmir and compliance reported before this Court through Mr Dar, the learned Senior Additional Advocate General, by the next date of hearing.
With regard to the submission of Mr Momin Khan, the counsel, representing the Corporation, that a considerable number of vehicles have been donated by the Economic Reconstruction Agency (ERA) to the Corporation for ensuring collection of solid waste from different sites of Srinagar city, but because of non-availability of the drivers for these vehicles, which the Corporation cannot afford, the said vehicles are not being used and that the Corporation has already initiated a process of making a request to the Housing and Urban Development Department in this regard, Division Bench directed the Commissioner/ Secretary to Government, Housing and Urban Development Department, that in case a request is made in this behalf by the Corporation, same shall be considered and response submitted thereto by the next date of hearin.
DB further directed Corporation to respond to the creation of Dog pounds for housing the stray dogs, as suggested by this Court in terms of the earlier directions.

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