HC to government: Should BBMP be dissolved for failure to implement solid waste processing laws?

On Dec. 18, court will consider need to impose embargo for permission to certain categories of new constructions

Observing that the Bruhat Bengaluru Mahanagara Palike (BBMP) has failed to implement environmental laws in the collection and disposal of solid waste for the past 19 years and violated citizens’ rights to live in a pollution-free environment, the High Court of Karnataka on Tuesday directed the State to examine within a month whether action ought to be taken to dissolve the palike for its persistent default.

Also, it set the BBMP a two month deadline to show ‘positive progress’ in implementation of laws while observing that it was restraining itself from passing a drastic order of putting an embargo on the palike to stop granting permission to certain categories of new constructions, though the lack of facilities for lawful disposal of waste warranted issuance of such an order.

A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice S.R. Krishna Kumar made it clear that it will consider passing the order of putting an embargo on new constructions on December 18 after assessing the ‘progress’ in two months. The Bench passed the interim order on the PIL petitions filed in 2012 on the city’s garbage problems after noticing that the BBMP was illegally dumping more than 4,000 tonnes of waste everyday in a quarry pit at Bellahalli and scientifically processing only around 1,125 of the 5,700 tonnes of waste generated everyday.

The affidavits filed by the BBMP Commissioner and the Additional Chief Secretary of Urban Development Department clearly indicate that ‘there is complete non-compliance’ of the Municipal Solid Waste (Management and Handling), Rules, 2000 and the new SWM Rules, 2016.

The State government, the Bench said, cannot be a silent spectator to the failure of the BBMP when Section 99 (1) of the Karnataka Municipal Corporations Act, 1976, empowers it to dissolve a corporation for making default in performance of its duties.

It also said that though it has been stated that 1,500 tonnes of construction and demolition waste are being generated in the city, the BBMP has not given any detail on how this waste is being disposed off at present, as the city has no facility to process this waste as per the Construction and Demolition Waste Rules, 2016, as the establishment of a processing plant is only in the pipeline.

The Bench made it clear that it has not approved the dumping of unprocessed waste at quarry pits and any attempts by the BBMP to dump do do would attract legal consequences.

Further hearing has been adjourned till December 18.