(MENAFN- Kashmir Observer) Achan Saidapora People Want Justice
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The Achan Saidapora landfill site is set up on 123 acres (984 kanals) of wetland nambal/agriculture land. The locals cultivated paddy on this land for centuries. In the late 1980s, SMC took it over and started using it as a landfill site. Even 10 to 15 years ago, paddy was still being cultivated by the locals of Achan Saidapora in the surrounding agricultural land located outside the boundary wall of the landfill site. However, this land has become uncultivable due to constant seepage of leachate from SMC's 11 lakh metric tons of legacy waste.
On a regular basis, SMC collects 600 tons per day (TPD) of municipal solid waste, which is also dumped at Achan unscientifically. SMC claims they treat 150 tons of waste and landfill 450 tons, but the reality is that not even 50 tons of municipal solid waste are treated. Ironically, the magnetic disintegration machine set up by SMC around seven years ago is also lying defunct, despite crores of rupees spent on its installation.
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NGT's Order
On December 12, 2024, the NGT's three-member bench-comprising Justice Prakash Shrivastava (Chairperson), Justice Sudhir Agarwal (Judicial Member), and Dr. A. Senthil Vel (Expert Member)-heard this case, filed by this author earlier this year. The bench stated:
“As per the report filed by the Commissioner, the current generation of waste is 600 TPD, which is projected to increase to 918.04 TPD by 2028. The composition of the said daily generation includes wet waste of 360 TPD (60% of the total waste) and 240 TPD of dry waste (40% of the total waste). Presently, the waste processing capacity in Srinagar is insufficient. Only 150 TPD is processed, which includes 50 TPD of wet waste (processed by composting) and 100 TPD by material recovery facilities. The remaining 450 TPD goes to the landfill site.”
Srinagar Turning into a Trash City
There is a misconception among people across the country that Srinagar is a neat and pristine city. Tourists are shown the front side of Dal Lake, but nobody is aware that Srinagar is becoming a city full of trash. I brought these facts to the notice of the NGT, which is why they constituted a Joint Committee to visit the Achan landfill site in May this year.
Members of the Central Pollution Control Board (CPCB), the National Wetlands Committee, the JK Pollution Control Committee, and the Deputy Commissioner of Srinagar visited the site. This petitioner was also present during that visit. The visiting team was shocked and found massive lapses on the part of SMC. The committee submitted a detailed report to the NGT. A part of this detailed report reads as follows:
“A critical issue identified during the inspection was the complete non-functionality of several key waste processing facilities. The mechanical segregator, with a capacity of 100 tons per day, was found to be out of order, forcing workers to rely on inefficient manual segregation. Additionally, all three leachate treatment plants (LTPs), with a combined capacity of 120 KLD, were non-operational, as were borewells meant to monitor groundwater quality.”
The report further noted that a faecal sewage treatment plant (FSTP) with a capacity of 130 KLD per day and a septage treatment plant were defunct. The lack of functional leachate collection systems has led to untreated leachate flowing directly into a drain connected to Anchar Lake, situated just 500 meters from the landfill.
JKPCC Asked to Take Action
After reviewing the joint committee report and the Commissioner's response, the NGT's three-member bench stated:
“We are of the opinion that no positive steps to address the solid waste, the leachate issue, or the sewage problem are being taken by the authorities. The effluent discharge is directly entering the streams and the river. Hence, there is complete violation of MSW rules, including the Water Act of 1974.”
The NGT directed the Commissioner of Srinagar Municipal Corporation to provide a time-bound action plan to mitigate the situation on a mission mode. Additionally, the J&K Pollution Control Committee (JKPCC) was directed to initiate action against the violations under relevant rules and laws. The JKPCC is likely to impose environmental compensation (EC) on SMC under the Polluter Pays Principle (PPP).
What Is the Polluter Pays Principle?
The Polluter Pays Principle is a globally recognized environmental law under which the party responsible for causing pollution is held accountable for paying for the damage done to the natural environment. This principle is also used to put the costs of pollution prevention on the polluter. The background of PPP lies in the Stockholm Declaration of 1972 at the United Nations Conference on the Human Environment.
The declaration urged countries to develop international laws for compensating victims of pollution and other environmental damage. It also included principles for sustainable development and human-centric policies. After signing the Stockholm Declaration, India began integrating its national and regional policies with international environmental standards. The Polluter Pays Principle was first applied in India in the 1996 case
Indian Council of Enviro-Legal Action vs. Union of India.
Conclusion
To manage Srinagar's municipal solid waste scientifically and to give justice to the victims of the Achan landfill site, the Omar Abdullah government cannot simply state that J&K is a Union Territory and thus cannot act. The government must rise to the challenge and resolve to clear 11 lakh metric tons of legacy waste, whether through a waste-to-energy project or other means. These are basic civic issues, and the government must address them now.
Mr. Mubarak Gul, newly elected as the MLA of Eid Gah, represents this area. It is his duty to take up the case of Saidapora residents with the Chief Minister. These people demand justice, as their lives have been severely impacted by the criminal negligence of SMC.
Each new year offers an opportunity for fresh starts and new beginnings. Let the government devise a proper plan to ensure that 11 lakh metric tons of legacy waste are cleared from the Achan landfill site.
Views expressed in the article are the author's own and do not necessarily represent the editorial stance of Kashmir Observer
Dr. Raja Muzaffar Bhat is an Acumen Fellow and Chairman of J&K Climate Action Group
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