ALMITRA H. PATEL AND ANR. versus UNION OF INDIA AND ORS.

Citation: [1998] 1 S.C.R. 220 · Decided: 06-01-1998 · Supreme Court of India · Bench: J.S. VERMA
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Judgment (excerpt)

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A 
ALMITRA H. PATEL AND ANR. 
v. 
UNION OF INDIA AND ORS. 
JANUARY I 6, 1998 
B 
[J.S. VERMA, CJI., B.N. KIRPAL AND V.l~. KHARE, JJ.) 
Environmental Law : 
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Urban Solid Waste Management-Committee appointed·to give report 
°"· 
for Class-I Cities on existing practice for improvement and to review Municipal 
bye-laws and powers of local bodies and Regional planning authorities and 
to suggest necessary·_ n1odifications: 
O~GINAL JURISDICTION: Writ Petition (c) No. 888of1996. 
D 
Under Article 32 of the Constitution of India. 
Aftaf Ahmad, Additional Soliciter General, Joseph Vellapally, N.N. 
Goswami, Bhimrao N. Naik, R. Mohan, T.C. Ray, A. Raghubir, Nikhil Sakhadande, 
R.N. Karanjawala, Ms. Manikaranjawala, Ms. Nandini Gore, Y.P. Mahajan, P. 
E Parmeswaran, Ms. Anil Katiyar, D.N. Mishra, M.N. Shroff, R.K. Maheshwari, 
S.K. Agnihotri, Ms. Yogmaya Agnihotri, V.G. Pragasam, Anil Shrivastav, Vijay 
Panjwani, 0. Prakash, Ms. Beena Prakash, Ashok K. Srivastava, H.S. Parihar, 
Gyanendra Agarwal, Bharat Sangal, K.R. Nagaraja, K.K. Tyagi, H.K. Puri, Bijan 
Ghosh, K.B. Rohtagi, Aparma Rohtagi, B.S. Chahar, Prem Malhotra, Ashok 
F 
Mathur, S.K. Mehat, Dhruv Mehta, Fazlin Anam, Ms. Sobha Verma, Ms. A 
Subhashini, K.S. Bhati, Bhaumik, K.H. Nobin Singh, Ms. Hemantika Wahi, Ms. 
Neithomp Rhetro, S.C. Patel, B.B. singh, Shiv Sagar Tiwari, Ms. Kirti Mishra, 
Pradeep Mishra, Ms. Niti Dikshit, T. Mahipal, Uijwal Banerjee, Gopal Singh, V. 
Krishna Murthy, M.A. Chinnasamy, K. Ram, Kumar, Ms. Asha N. Nair, C. 
Balasubramanian, Y. Subba Rao, Santhi Narayan, Ranjan Mukherjee, R.S. Sodhi, 
G Kailash Vasdev, C.K. Sasi, Z. Angami, Mr. D.M. Nargolkar, Sunil Kumar Jain, 
Vijay Hansaria and Jatinder Kumar Bhatia for the appearing parties. 
The following Order of the Court was delivered : 
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We have heard learned Additional Solicitor General and Shri Vellapalli, 
H learned Senior counsel. We consider it appropriate at this stage to constitute 
220 
A.H. PATEL v. U.0.1 
221 
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a Committee and to specify the specific aspects which the Committee is A 
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required to examine. We direct accordingly. 
The Committee for Class -I Cities (having population over one lac) shall 
consist of the following:-
I. 
Mr. Asim Burman (Commissioner Calcutta 
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Municipal Corpn.) 
Chairman 
..... 
2 . 
Mr. S R Rao (Secretary, SS!, Govt. of Gujarat 
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& ex-C0mmr.,Surat) 
Member 
3. 
Mr. SK Chawla, Chief Engineer, CPWD 
Member 
4. 
Mr. PU Asnani (Urban Env. 
Infrastructure Rep. for India, USAID and Consultant, 
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Ahmedabad Mun. Corpn.) 
Member 
5. 
Dr. Saroj (Jt. Director, Ministry of 
Environment & Forests) 
Member 
6. 
Mr. Rajat Bhargava (Commissioner, 
Vijayawada Mun. Corpn.) 
Member 
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7. 
Mr. yogendra Tripathi 
Member 
(Dy. Secy. Urban Dev MOUA&E) 
Secretary 
8. 
Mrs. Almitra Patel 
Member 
(Convener, INTACH Waste Network) 
The terms of Reference for the committee s·hall be as under:-
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To look into all aspects of urban solid waste management, particularly: 
I. 
Examine the existing practices and to suggest hygienic processing 
and waste disposal practices and proven technologies on the 
basis of economic feasibility and safety which the Corporations/ F 
Government may directly of indirectly adopt or sponsor. 
2. 
Examine and suggest ways to improve conditions in the formal 
and informal sector for promoting eco-friendly sorting, collection, 
transportation, disposal, recycling and reuse. 
3. 
To review Municipal bye-laws and the powers of local bodies G 
and regional planning authorities and suggest necessary 
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modifications to ensure effective budgetirig, financing, 
administration, monitoring and compliance. 
4. 
Examine and formulate standards and regulations for management 
of urban solid waste, and set time frames within which the H 
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222 
SUPREME COURT REPORTS 
[1998) 1 S.C.R. 
authorities shall be bound to implement the same. 
The committee is requested to give its report as early as possible 
preferably not later than 30th June, 1998. The committee is also requested to 
give such interim reports as it may find convenient so to do. 
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The secretarial assistance at Delhi will be provided by the Ministry of 
Urban Development which will also make all other arrangements required by 
i.Oe committee for its proper functioning \vhile arrangements within the States/ 
Union Territories would be made by the concerried State/UT. The expenses 
incurred for the purpose to the same exteot would be borne at this stage by 
the Ministry
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