HC orders mop-up of hospital, lake surroundings

Srinagar: The J&K High Court on Friday directed the Chief Executive Officer (CEO), Cantonment Board, to clear all the garbage/waste dumped near GB Pant children’s hospital immediately. The court observed that small children who visit the hospital for treatment are more prone to get infected from the unhygienic surroundings.
The court directed the CEO to file his compliance report on the basis of application of Solid Waste Management rules, 2016. The court directed the Medical Superintendent of GB Pant hospital to take effective steps for ensuring proper hygiene in and around the hospital.
The direction was passed after advocate Nadeem Qadri submitted before the court that heaps of garbage were lying outside the GB Pant hospital and non-compliance of Waste Management Disposal Rules had resulted in deposition of the huge garbage. He said that the garbage is hazardous for the life of the children who come to the hospital for treatment.
A Division Bench of Justice Ali Mohammad Magrey and Justice Tashi Rabstan after hearing the counsel said in their order, “We direct Chief Executive Officer Cantonment Board who is stated to be managing the control of the area with reference to ensuring proper hygiene and other sanitary facility, to ensure lifting of the garbage/waste which is stated to be dumped in and around the G.B.Pant Children Hospital without any further delay. He shall also ensure disposal of the waste in terms of the Solid Waste Management Rules 2016 and file compliance.”
Advocate SA Makroo who appeared on behalf of the Chief Executive Officer was directed to file response and compliance by or before the next date of hearing. Medical Superintendent of the hospital was also directed to file his report about steps taken for ensuring proper hygiene in and around the hospital.
Meanwhile the court while taking up a matter related to conservation and protection of Sonamarg directed the Commissioner, Secretary to Government Housing and Urban Development Department, the Commissioner, Secretary Tourism Department, and the Chief Town Planner Kashmir to respond to the directions passed on the subject of revisiting the master plan of Sonamarg.
The court directed the officers to file their response within two weeks or appear before the court in person on the next date of hearing.
The court noted that time and again government respondents are only seeking time to report and nothing is being done to address the issue of revisiting Sonmarg master plan. “In this event if officers failed to file their report they should be presented before the court,” the bench directed.
Also today, the compliance with reference to the notifying action plan regarding Solid Waste Management was filed by the Commissioner Secretary Housing and Urban Development Department.
In this regard, Amicus Nadeem Qadri was directed to file his response.
Amicus Qadri submitted that Secretary Housing and Urban Development Department was not furnishing the details with reference to taking the steps for notifying the Rules and byelaws as directed on 5.4.2019.
When asked by the court, BA Dar (AAG) submitted that the process for notifying Rules and Byelaws was in the pipeline and the matter in this regard had been taken up with the Election Commission of India.
Amicus Qadri, while making the submission with reference to the development at Sonamarg, also placed on record a document prepared by him having reference to the initiatives to save the precious water body Mansbal, which included photographs.
The court, after the perusal of the document/photographs noted that it appeared that the authorities at the helm of affairs were not taking any effective steps for preservation and protection of the lake.
“We deem it proper to include the subject with the present PIL by taking on record the document and implead Chief Executive Officer Mansbal Development Authority as party respondent in the PIL,” the bench ordered.
The notice on behalf of the  Mansbal Development Authority was accepted by State Counsel MA Chashoo who was directed to file response before next date of hearing.
The Chief Executive Officer Mansbal Development Authority was also directed to file a detailed report about the steps taken for preservation and protection of the lake. He was also directed to file details with reference to the mechanism used for disposal of solid and liquid waste, with a further direction to the officer that no constructions be permitted in the area against the Master Plan and the byelaws in vogue.
“He shall also report about the construction in the area by or before next date of hearing,” the court directed.