High Court gives BBMP, govt two months to implement SWM rules

Source: newindianexpress.com

BENGALURU: The Karnataka High Court has set a two-month deadline for the Bruhat Bengaluru Mahanagara Palike (BBMP) and the state government to implement the Solid Waste Management (SWM) Rules 2016. The court warned that if they fail to do so, it will pass orders stopping permission for new constructions in the city. It also asked the government to consider whether the BBMP doesn’t deserve action for defaulting on SWM and other rules. 

“Until the BBMP and state government show positive steps for implementation of SWM Rules 2016 within a period of two months from today (Tuesday), the court will have to pass drastic orders to put an embargo on BBMP from granting permission to new constructions, excluding public development projects and housing for poor and the needy,” the court said. 

“Though the situation warrants drastic orders to be passed, we are refraining from it for two months,” a division bench of Chief Justice Abhay Shreeniwas Oka and Justice SR Krishna Kumar said. Issuing several directions to the state government and BBMP during the hearing of a batch of petitions, the court made it clear that it had “not approved the action of BBMP dumping unprocessed waste. An attempt to do so will have legal consequences.” The adjourned the hearing to December 18.

The court said the right to live in a pollution-free environment is guaranteed to every citizen under Article 21 of the Constitution. Considering the non-compliance of the Rules 2016, there is a gross violation of Article 21, it said. Pointing out various lapses by the BBMP, including that of the Environment Protection Act, the court said, “We have directed the state government to consider whether BBMP doesn’t deserve action under Section 99(i) of KMC Act (dissolve) for defaulting on SWM Rules 2016 and other rules, and Environment Protection Rules. Appropriate decision can be taken within a month,” it said.  

“The state cannot be a mute spectator, though it has powers to exercise against BBMP. BBMP is looking for another quarry pit to dump 2,500 tonnes unprocessed waste from November. Out of 5,700 tonnes solid waste generated per day in the city, only 1,125 tonnes per day is processed in six facilities. The BBMP has to take a clear stand about disposal of solid waste and construction and demolition waste every day,” the court ordered. 

KPCC prez moves HC against ECI for modifying MCC 
Bengaluru: Karnataka Pradesh Congress Committee president Dinesh Gundu Rao has moved the Karnataka High Court questioning the Election Commission of India’s September 27 notification suspending the model code of conduct for bypolls to 15 assembly constituencies in the state, announced on September 21. Gundu Rao contended that the ECI postponing the code of conduct to November 11 was only to help the ruling government in the state. He termed the action of the ECI as illegal.  He also claimed that the modification of MCC also helped the ruling party appoint eight former BJP candidates from the notified constituencies as heads of boards and corporations that has a state minister-level rank.