SC Stays Constructions in All States and UTs Till They Frame Solid Waste Management Policy

New Delhi: All states and union territories, including BJP-ruled Maharashtra, Madhya Pradesh and Uttarakhand, cannot have any construction activity until they frame a solid waste management policy.

The Supreme Court on Friday stayed construction activities in these states, Chandigarh, and in all other states where the governments have failed to frame policy on solid waste management.

"In case the States have the interest of the people in mind and cleanliness and sanitation, they should frame a policy in terms of the Solid Waste Management Rules so that the States remain clean. The attitude of the States/Union Territories in not yet framing a Policy even after two years is pathetic, to say the least," said a bench headed by Justice Madan B Lokur.

The Court thus ordered: "Further constructions in the States/Union Territories are stayed until the Policy is framed."

Apart from putting brakes on all kinds of construction, the top court slapped a penalty of Rs 3 lakh each on states of Madhya Pradesh, Maharashtra and Uttarakhand, and Chandigarh for not framing the policy and not complying with the orders of the bench.

A cost of Rs 5 lakh was imposed on Andhra Pradesh for not being represented through a lawyer in the case.

The bench said that fine will be deposited with the Supreme Court Legal Services Committee within two weeks for utilization of juvenile justice issues.

"It is unfortunate that some States and Union Territories have not yet framed any Policy under the Solid Waste Management Rules, 2016...if they want the people to live in dirt, filth and garbage, what can be done then," lamented the Court, fixing October 9 as the next date of hearing in the matter.

The issue of waste management had cropped up when the court was dealing with a tragic incident of 2015 in which it had taken cognisance of the death of a seven-year-old boy due to dengue in Delhi.

The victim was allegedly denied treatment by five private hospitals here and his distraught parents had subsequently committed suicide.

The apex court had then taken suo motu cognisance of the episode and had been nudging the states to frame a solid waste management policy ever since. The last order was in July but many states and UTs still failed to come up with a policy.