ENVIORMENTAL POLICY GROUP(EPG) v. UNION OF INDIA AND ORS
PIL/5/2018 · 2025-07-10
Rajnesh Oswal
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 7364 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7364 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No.1
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
PIL 5/2018 CM (2445/2023) CM (3454/2019) CM (6404/2022) CM (7758/2024) CM(7927/2024)
ENVIORMENTAL POLICY GROUP …Petitioner(s)/appellant(s) Through: Ms. Nighat Ara, Advocate vice Mr. Shafqat Nazir, Advovcate Vs.
UNION OF INDIA AND ORS ...Respondent(s) Through: Mr. A. R. Malik, Sr. AAG Ms. Rehana Qayoom, Advocate vice Mr. T. M. Shamsi, DSGI
CORAM:
HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
O R D E R 10-07-2025
1. The petition at hand, which is being tried in public interest, the petitioner prays for a mandamus to command the respondents to put in place a proper solid waste management system in every district so as to ensure that all possible solid waste is segregated and utilized properly. 2. The matter is pending since 2018, and since then, pursuant to the numerous orders passed by this Court, the respondents have submitted various reports indicating the steps that have been taken to address the concerns/grievances set out in the petition. 3. It is not in dispute either, as made out from the affidavit furnished on behalf of Housing and Urban Development, J&K (respondent No.5), dated 15.09.2022, that in compliance to the SWM Rules, 2016, and subsequent directions issued by the National Green Tribunal (NGT), Housing and Urban Development Department (UT), vide Order No. 25-HUD of 2019 dated 21.01.2019, notified the “Action Plan for Municipal Solid Waste Management, Jammu and Kashmir-2018”. Junaid Ayoub I attest to the accuracy and authenticity of this document
4. It is averred that the said plan contains a detailed strategy to carry out effective management of municipal solid waste in all the 78 urban local bodies in the Union Territory. Further, per the said plan, the Government had earlier adopted a cluster-based approach for setting up regional integrated solid waste management facilities, and land parcels were identified for all the 19 clusters. 5. Whereafter, another status report dated 03.12.2024 was filed on behalf of respondent Nos. 1, 3, 5, and 12 to 15. Suffice to say, per the averments set out in para 17 thereof, the matter involving identical issues (Original Application No. 606/2018, “Compliance of Municipal Solid Waste Management Rules, 2016 and Other Environmental Issues”) is already being tried/pending before the National Green Tribunal (NGT), wherein the Union Territory of Jammu and Kashmir has already submitted a comprehensive status report addressing the same issues as are sought to be raised before this Court
6. After we had heard learned counsel for the parties at length, learned counsel for the petitioner, as always, fairly submits for the matter in issue is pending consideration even before the National Green Tribunal (NGT), it would be futile to parallelly continue with the present proceedings.
Accordingly, it is urged that the proceedings in the present PIL be closed. 7. However, she submits that she be granted liberty to approach the Court by a separate petition, if so advised, in the event any cause of action arises in future. 8. In the wake of the above, and in terms of the statement made by
learned counsel for the petitioner, the proceedings in the present case are closed.
9. The petition is disposed of in the above terms, with liberty as prayed for.
10. At this stage, we are also informed by learned counsel for the parties that several petitions involving similar issues are pending before both the Wings i.e., Jammu as also the Srinagar, and therefore, it would be expedient if all such petitions are also listed before the Court for
consideration and appropriate orders. Junaid Ayoub I attest to the accuracy and authenticity of this document
11. Ordered accordingly.
12. The Office is directed to list all such matters before this Court on
14.07.2025.
(RAJNESH OSWAL)
(ARUN PALLI) JUDGE
CHIEF JUSTICE
SRINAGAR 10-07-2025 Junaid
Junaid Ayoub I attest to the accuracy and authenticity of this document