Municipal solid waste (MSW):

The municipal solid waste popularly known as garbage generated in various

cities across India. This problem is of gigantic magnitude. Every single day over one lakh a
tonne of raw garbage is thrown along roads, waterways and wetlands just outside the city
limits of Indians three hundred plus class one towns and cities. This dumping and littering of
garbage leads to various health issues for people, like plague, epidemis like hepatitis,
gastroentities, malaria and typhoid are caused annually in different cities. So, it is absolutely
necessary that uniform national standards and practices be adopted and remedial steps be
taken on most urgent basis to avoid adverse health impact on the citizens.

In B.C.Wadhera’s case It was observed by the Hon’ble Supreme Court that the
capital of India is one of the most polluted city in the world the authorities responsible for
population control and environment protection have not been able to provide clean and
healthy environment and issued direction for all concerned state and union territory to ensure
that street public premises parks should be cleaned on daily basis including holidays levis and
penalty should be recovered from persons littering and violating the provisions of diverse act,
bye laws and regulations should be passed to regulate proper sand scientific disposal of waste
in prescribed manner. -1

In pollution control board case the proposal was that to establish a waste to
energy plant collection and disposal of waste and to generate energy through RDF. The
tribunal disposed the case. Finally directions were given for establishment of waste to energy
plants wherever required.2

Non conventional energy and Agra heritage matter the hon’ble Supreme Court
recommended the states to take appropriate action against concerned officers who fail to
discharge their duties in accordance with the rule and even directed removal and clearing of
unauthorised encroachments within a week of the order.3

In the lakshmi narain case The honble sc directed review of the performance
committees constituted for proper implementation of the provision of relevant legislation

1
B.C.Wadhera vs union of India and ors (1996)2SCC 594-595.
2
capt.mall singh and ors vs Punjab pollution control board
3
In M.C.Mehta() vs union of India and ors(2003)10SCC719:
with regard to the transportation of animals slaughter of the effluent and solid waste disposal.
The guide lines were directed to be framed by the MOEF2CC and to implement the
provisions of the Act.4

The above judgment show that the court and tribunals have the consent over environmental
pollution have issued appropriate direction for ensuring the environmental protection and
feels right to decent and clean environment should not remain illusory but should be a right
which is enforceable and benefits of which should accrue to the citizens of the country.

4
Lakshmi narain modi vs union of India (2013)10SCC227