The Meghalaya High Court has warned that it may issue harsh orders to both the State government and the West Jaintia Hills district administration if public life is endangered as a result of any apathy to take appropriate steps to solve the garbage problem in Jowai.
While hearing a public interest litigation (PIL) filed by Synjuk Ki Waheh Shnong Jowai today, the division bench of Chief Justice Sanjib Banerjee and Justice Wanlura Diengdoh said that it is high time that the State government and the district administration got more proactive to find solution to the garbage issue in Jowai and not wait for the court to issue directions.
“There are matters where the intervention by the court is limited by the very nature of the matter. Judges sitting in courtrooms cannot identify sites to be used for permanent or temporary dumping of garbage and it is high time that the State and the local administration got more proactive and not train the gun, so to say, from the court’s shoulders. This is a matter where there can be no judicial solution; but the court will not hesitate to issue directions that may be harsh for both the State and local administration, if public life is endangered as a result of any apathy to take appropriate steps on the part of the authorities who are responsible therefor,” the High Court said.
Stating that the garbage problem has persisted for nearly two months now and the residents of Jowai have been more than patient in enduring the ordeal, the High Court said that a better solution should be thought of and implemented before the next hearing on June 3.
During the hearing, the State government informed that the headmen of the villages in and around Mynkjai have altogether declined to allow the proposed permanent site at Mynkjai for dumping of garbage. The State government also stated that steps are being taken for solid waste management at an estimated cost of Rs 13 crore.
However, the High Court said that a solution has to be found out by the State government and local administration and the court cannot decide as to which would be the proper dumping site.
“The permanent dumping site has to be identified sooner than later and arrangements made irrespective of how far it may be from Jowai. Things cannot wait nor can garbage be allowed to pile up, whether in public places or individual homes, till the solid waste management system is put in place. As indicated in earlier orders, there are immediate urgent measures which ought to be taken and certain other measures taken on a long-term basis. The immediate cannot wait nor can the long term mechanism be delayed any further,” the High Court said.
“The prospect of the pre-monsoon showers on garbage resulting in a deadly cocktail, toxic for most plant and animal life and making for the ideal hotbed for diseases looms large. This aspect cannot be over emphasised as the monsoon is due within a month and the pre-monsoon showers show no sign of relenting,” the court added.
During the hearing, the Synjuk Ki Waheh Shnong Jowai complained that household garbage keeps piling up in homes in Jowai without any mechanism being in place for its removal.
However, the Jowai Municipal Board told the court that garbage from the streets and marketplaces is being regularly removed in trucks and taken to the temporary site.
The High Court said that it is imperative that the household garbage is also removed simultaneously with the garbage from the streets and the marketplaces.
