ALMITRA H. PATEL Vs.

UNION OF INDIA

Introduction

In the leading case of Almitra H. Patel Vs Union of India, 2000 AIR SC 1256; 2000 (2) SCC
679, focuses on various aspects of “solid waste management system” of our country was
highlighted. Advocate Almitra H. Patel is an environment activist and an environment
advocate, filed a writ petition in the apex court, “in the year 1996” which threw light on the
process though which waste, particularly, solid waste is disposed off in the four primary, big,
metropolitan cities of “Mumbai, Chennai, Kolkata and Delhi” The “Waste Management
System” has been a serious problem since ages and the same has been highlighted in this
particular case as well.

Importance of the Case

The disposal of “solid waste” includes all the facets of “administrative, legal and economic”
purview. The petitioner, through her writ had bought forward many issues related to “proper
dumping of solid waste” in front of the apex body. In her petition, she questioned the
practices adopted by the municipalities for “disposing the solid waste” and contended that
these practices are hazardous and are being done without taking adequate measures and hence
is a great threat to life of the people. This very much violates Article 21 of the Indian
Constitution, which reads as “No person shall be deprived of his life or personal liberty
except according to the procedure established by law” and the such “disposal of solid waste”
is posing immense threat to life and property of the people living in adjacent areas.

In lieu of the contentions made in this case, the central body that is responsible to look after
the pollution that is the “Central Pollution Control Board” issued certain “guidelines and
recommendations”” for management of safe disposal of solid wastes” by the industries and
the municipalities.

In order to curb the “waste management issues” various inventiveness was taken for proper
management, discarding, assemblage, and safe recycle and reuse of “municipal waste
materials”. An order was passed by the apex court on 16 th of January, 1996, a committee was
appointed, the head of which was “Mr. Asim Burman” the then commissioner of Kolkata
Municipal Corporation to deeply analyze the matters pertaining to “disposal of solid waste
management”. The main functions of this committee were to give suggestions and probable
solutions with regard to “careful dumping of industrial waste” both for the industries and the
municipal corporations. The Report was submitted by this committee in March of 1999, for
various deliberations and suggestions from the apex court on the report. The methodological
facets were taken into consideration by the committee for “Class I” cities.

These commendations were sub categorized under three categories:

1. “Compulsory commendations for citizens and associations”

2. “Compulsory commendations for local bodies and state governments”
3. “Discretionary commendations for urban local governments”

a) Under the first sub heading, that is, “Compulsory commendations for citizens and
associations”, the citizens and the associations have to follow the necessary guidelines:

 Prevent throwing garbage on the roads and in open areas that also includes water
bodies.
 Organic waste matter such as food and biodegradable waste substances shall be
thrown in one’s own household dustbins.
 Biodegradable and Non-biodegradable waste matters shall be identified and shall be
thrown in separate dustbins.
 A local body shall notify for the process to deposit of all kinds of waste matters which
include biodegradable waste matters as well as non-biodegradable household waste
matters.
 Separate process should be followed by hospitals, clinics and other such medical
facilities for safe disposal of bio-medical waste.
 “Street sweeping on all days in the year irrespective of Sundays and Public holidays,
making adequate provision for giving statutory weekly off to the workers or
compensating them for working on holidays, etc “

b) “Compulsory commendations for local bodies and state governments”

 Public awareness campaigns for safe disposal of waste substances shall be introduced
through “Information Education and Communications Strategy”.
 Community waste collection programs shall be initiated.
 Hotels, Restaurants, Marriage Halls, etc. shall make their own arrangements for
collection of waste.

c) Discretionary commendations for urban local governments

 “Door-to-door collection of waste” shall be charged monthly according to the income
of a particular household.
 The transport for carrying the hazardous substances shall be made of appropriate
designs.
 The site of disposal of waste shall be properly covered using the land fill methods.
 “Participation of private sector in setting up pilot plant utilizing appropriate
technologies for urban solid waste management should be encouraged.”
Conclusion
The Case bought forward the important and crucial issues pertaining to waste
management especially the handling of waste management system of our country.
This case also highlighted the very need of “door-to-door collection” of waste
substances, how different kinds of waste substances require different disposal
techniques, separation of biodegradable matters and non-biodegradable matters. The
ministry of Environment and Forest (MoEF) in this matter notified the central
government of the “the Municipal Solid Waste (Management and Handling) Rules,
2000.”
Though the main contentions of this petition were inclined towards imposition of
sanctions and penal actions to be taken against the big corporates and industrialists in
accordance to “the polluters pay principle” and “precautionary principle” but none the
less, this case was a stepping stone towards making of enormous efforts taken by the
both the central and the state at collective basis for “disposal of solid waste
substances”.
Different models for waste disposals were also adopted in lieu of this case. The apex
court even directed the municipal authorities to look after the waste management
issues in the slums as slums tend to produce huge amounts of waste materials with
very poor facility of waste disposal.
This case was definitely an eye opener for the judiciary about how the administrative
system about the “waste management” system of our country. This case holds its
importance in the field of environmental law as important guidelines were issued and
schemes like “Swatchh Banglore” was initiate in lieu of this case. “The Burman
Committee’s recommendations” were also a key take away of this case.