Karnataka high court : Dissolve BBMP, failed to comply with solid waste management rules

Karnataka High court has asked the state government to dissolve BBMP under Karnataka Municipal Corporations Act and Environment (Protection) Act, 1986.

BBMP

Bruhat Bengaluru Mahanagara Palike (BBMP) has continuously defaulted in complying with rules regarding the processing of solid waste dumping the unprocessed solid waste in quarries and causing damage to the environment. Karnataka High court has asked the state government to dissolve BBMP under Karnataka Municipal Corporations Act and Environment (Protection) Act, 1986.

While hearing a bunch of petitions highlighting the non-compliance of rules and illegal dumping by BBMP a division bench of Chief Justice Abhay Oka and Justice S R Krishna Kumar expressed concern about the impact of such failures have on the environment.

Justice Oka said,

“Though 19 years have gone by after the MSW Rules, 2000 were enacted, today the situation in the city of Bengaluru, which is stated o be a ‘garden city’, is that more than 3/4th of daily generation of solid waste is being illegally dumped by the Bruhat Bengaluru Mahanagara Palike (for short ‘the BBMP’) without scientifically processing it.”

“Considering the complete failure to implement both the Rules, there is a gross violation of the fundamental rights of the citizens under Article 21 of the Constitution of India in the city. If there is a consistent failure on the part of the BBMP to comply with the SWM (solid waste management) Rules of 2016 and even C and D waste Management Rules and if generation of the solid waste continues to increase, it will cause an ecological disaster.”

The Karnataka High Court has directed the State Government to consider whether action of dissolving the Bruhat Bengaluru Mahanagara Palike (BBMP) deserves to be taken under Section 99(1) of Karnataka Municipal Corporations Act, for making persistent defaults in the performance of its duties imposed by Municipal Solid Waste (MSW) Rules, 2000 and Solid Waste Management Rule, 2016 and the other Rules framed under the Environment (Protection) Act, 1986.

Out of the average generation of solid waste, in Bengaluru of about 5700 tonnes per day, more than 4400 tonnes of solid waste per day is being illegally disposed of/dumped. Also, C and D waste is being dumped in the city without there being any facility available for processing the same.

The bench has directed State and BBMP to file compliance reports by December 18, on enumerating steps taken for compliance of SWM Rules. It said, “Depending upon the progress made which can be seen from the compliance report, the Court will consider the question of passing a drastic order of imposing an embargo on the grant of building permissions by the BBMP.”

The compliance report will also have to deal with the aspects of the disposal of E-waste, plastic waste, bio-medical waste, hazardous waste and other wastes as provided in the various Rules. Karnataka State Pollution Control Board is free to take action against BBMP and all concerned for violation of law and pendency of these petitions will not operate as any restriction.

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