In Re: Outrage As Parents End Life After Childs Dengue Death vs. Union Of India Ministry Of Environment, Forests And Climate Change Secretary
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Order Issued After Hearing
Purpose:
Fixed Date by Court
Before:
Hon'ble Madan B. Lokur, Hon'ble Deepak Gupta
Stage:
ORDERS (INCOMPLETE MATTERS / IAs / CRLMPs)
Remarks:
Adjourned [List as per R/P]
Listed On:
27 Mar 2018
In:
Judge
Category:
UNKNOWN
Original Order Copy
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Order Text
| ITEM NO.7 | COURT NO.4 | SECTION PIL-W |
|---|---|---|
| S U P R E M E<br>C O U R T<br>O F<br>RECORD OF PROCEEDINGS | I N D I A | |
| SMW (C) No(s). 1/2015 | ||
| IN<br>RE: OUTRAGE AS PARENTS END LIFE AFTER CHILD'S DENGUE DEATH | ||
| Date : 27-03-2018 | This petition was called on for hearing today. | |
| CORAM : | HON'BLE MR. JUSTICE MADAN B. LOKUR<br>HON'BLE MR. JUSTICE DEEPAK GUPTA | |
| Mr. Colin Gonsalves, Sr. Adv. (AC)<br>Mr. Choudhary Ali Zia Kabir, Adv. | ||
| For Petitioner(s) | ||
| For Respondent(s)<br>UOI & Delhi<br>Moef | Mr. A.N.S. Nadkarni, ASG<br>Ms. Pinky Anand, ASG<br>Mr. A.K. Panda, Sr. Adv.<br>Mr. Sachin Sharma, Adv.<br>Ms. Sushma Verma, Adv.<br>Mr. R.B. Yadav, Adv.<br>Mrs. Anil Katiyar, Adv.<br>Ms. Saudamini Sharma, Adv.<br>Mr. D.L. Chidanand, Adv.<br>Mr. Zaid Ali, Adv.<br>Mr. Ritesh Kumar, Adv.<br>Mr. B. Krishna Prasad, AOR<br>Mr. B.V. Balram Das, AOR<br>Mr. S. Wasim A. Qadri, Adv.<br>Mr. Praveen Swarup, Adv.<br>Mr. Hemant Arya, Adv.<br>Ms. Nivedita Nair, Adv.<br>Mr. Chirag M. Shroff, AOR<br>Ms Mahima C. Shroff, Adv.<br>Mr. Nikunj, Adv. | |
| CPCB | Mr. Avijit Roy, AOR | |
| For States of<br>Assam | Ms. Diksha Rai, Adv.<br>Ms. Kanika Saran, Adv. | |
| Bihar | Mr. Gopal Singh, AOR<br>Mr. Rituraj Biswas, Adv. | |
| Chhattisgarh | Mr. Sandeep Jha, Adv. |
| Mr. D.K. Sinha, Adv. | |
|---|---|
| J&K | Mr. M. Shoeb Alam, Adv. |
| Ms. Fauzia Shakil, Adv. | |
| Mr. Ujjwal Singh, Adv. | |
| Mr. Mojahid Karim Khan, Adv. | |
| Nagaland | Mr. Edward Belho, Adv. |
| Mr. Amit Kumar Singh, Adv. | |
| Mr. K. Luikang Michael, Adv. | |
| Ms. K. Enatoli Sema, AOR | |
| Odisha | Mr. Som Raj Choudhury, Adv. |
| Sikkim | Ms. Aruna Mathur, Adv. |
| Mr. Avneesh Arputham, Adv. | |
| Ms. Anuradha Arputham, Adv. | |
| Ms. Simran Jeet, Adv. | |
| for M/s Arputham Aruna & Co. | |
| Uttar Pradesh | Ms. Aishwarya Bhati, AAG |
| Mr. Adarsh Upadhyay, Adv. | |
| Daman & Diu | Mr. Deepak Jain, Adv. |
| Ms. Prabhleen Kaur, Adv. | |
| Mr. Vaibhav Manu Srivastava, Adv. | |
| Puducherry | Mr. V.G. Pragasam, Adv. |
| Mr. Prabu Ramasubramanian, Adv. | |
| Mr. S. Manuraj, Adv. |
UPON hearing the counsel the Court made the following
O R D E R
The office report is that subsequent to our order dated 07.03.2018, the Chief Secretary of every State / Union Territory has been informed about the pendency of these proceedings.
We are sorry to note that in respect of the above intimation given to the Chief Secretary, there is absolutely no appearance on behalf of the State Governments: Haryana, Jharkhand, Manipur and Meghalaya.
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Learned counsel appearing on behalf of the States of Assam and Nagaland say that they have not received any instructions in this regard.
In so far as the State of Bihar is concerned, we have been informed by the learned counsel that the State Legal Advisory Board has already been constituted.
The learned ASG has drawn our attention to Rule 11 of the Solid Waste Management Rules, 2016 where it is mentioned that the Secretary, Urban Development Department in the State is responsible for preparing solid waste management strategy and also ensuring implementation of the provisions of the Rules by all local authorities.
Since there is no response nor any appearance on behalf of the States of Haryana, Jharkhand, Manipur and Meghalaya, we have no option but to issue a direction to the Secretary, Urban Development Department of these States to be present in Court on the next date of hearing i.e. 24th April, 2018 to inform us as to what steps have been taken for implementation of Solid Waste Management Rules, 2016.
List the matter for this purpose on 24th April, 2018
Our attention has also been drawn to Rule 15 which relates to the local authorities and Panchayats including preparation of Solid Waste Management Plan as per the State policy and strategy of Solid Waste Management and other provisions of the Solid Waste Management Rules, 2016.
It appears, after hearing learned counsel for the petitioner
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as well as the learned ASG, that since most of the State Governments / UT Administrations have not framed any waste management plan, they should comply with Solid Waste Management Rules, 2016 framed by the Central Government until their policy and strategy is laid down.
We grant three months' time to the State Governments/ UT Administrations to prepare a policy in terms of Rules 11 and 15 of the Solid Waste Management Rules, 2016.
For the purpose of preparation of the State Policy and Solid Waste Management Strategy for the States / UT Administrations in terms of Rule 11 and Rule 15, list the matter for directions on 10th July, 2018.
(MEENAKSHI KOHLI) (KAILASH CHANDER) COURT MASTER COURT MASTER