Save city, not money: High Court tells Bangalore civic body

The high court on Friday severely pulled up the Bruhat Bangalore Mahanagara Palike (BBMP) and directed it to file a status report on the setting up of plants for municipal solid waste management by November 5. It took the BBMP to task over the garbage menace in Bangalore and orally observed that it would direct the state government to supersede the BBMP.

GR Mohan, a city-based advocate, had filed a public-interest litigation before the high court, contending that the civic agency was not taking effective steps for proper garbage disposal, resulting in hazardous pile-ups of rubbish at roadsides.

The advocate submitted an affidavit bringing to the court's notice that the BBMP had failed in its duty and there was still garbage across the city. The BBMP had even dumped garbage recently at Freedom Park.

The BBMP counsel denied this. The division bench headed by chief justice Vikramajit Sen said everyone knew what was aired on TV channels and it was obvious that garbage was not cleared in the city. The court came down heavily on BBMP commissioner Rajneesh Goel, who was present, asking him for a progress report to be filed concerning the garbage in the city by November 5. "We don't know what other duty you have, but you first clean the city as early as possible," the court observed.

The division bench further warned the BBMP that if the court came to know about any interference by councillors in the process of garbage disposal or allocation of tenders, it would direct the state government to supersede the BBMP.

"There is no greenery left in the city; the garbage can be seen all over the city," the court said. "You (BBMP) file an affidavit stating that you are taking new projects for garbage disposal, but you have not implemented anything. It is the right of everyone to live in a good environment. Who gave you the power to take that right from the people?"

"The BBMP is clearing 4,000 metric tonnes of garbage every day and there is no garbage in the city," Goel said. "All the streets are clean, and they even saved Rs200 crore by calling new tenders."

When Goel said the 2012 tenders were minus Rs 200 crore and they would be saving money, the division bench said, “Who asked you (BBMP) to save money? You clean up the city first. You save the city.” The court then suggested appointing a court commissioner to inspect the streets to check whether garbage was indeed being cleared.

The petitioner, Mohan, stressed that a solid-waste management plan was not forthcoming to date. The commissioner then admitted that due to the festival season, garbage had accumulated and he had also made arrangements for removing the garbage accumulated at Freedom Park and it had been removed.

The petitioner stressed it was not the question of removal of garbage only at Freedom park but in most places across Bangalore. “There are 2,000 tonnes of garbage from the hotel industry and other commercial establishments, which are bulk generators,” Mohan said. “The other counsel said the BBMP is collecting cess from them and they may not be arranging for the disposal of the garbage within the estimate”.

The commissioner agreed that currently they had problems from the bulk garbage generators -- hotels, marriage halls and apartments -- and they would deal with the apartments later but with hotels and marriage halls with priority. He said the BBMP would be issuing notices to the hotels that were flouting garbage-disposal norms. He said they had to make arrangements for the disposal of bulk garbage by setting up plants for recyclable waste.
Goel said two months’ time was granted to the bulk generators to make their own arrangements — like setting up biogas plants or composting within their premises, besides their own transportation of garbage before December-end — failing which action would be taken against them.

The court said if the bulk generators were not in a position to set up their own units for garbage disposal then the question of payment of garbage cess would not arise.

BBMP’s defence

• BBMP is launching a pilot project under which people can send SMSes if they find garbage on the streets. The garbage would be cleared immediately.
• BBMP claims it is clearing 4,000 metric tons of garbage every day, there is no garbage in the city, all the streets are clean and it has even saved Rs 200 crore by calling a new tender
• BBMP commissioner says a mobile governance system covering each ward will be introduced

High Court's Response

• The court has asked BBMP to file a status report by November 5 concerning the setting up of municipal solid waste management plants
• "We don't know what other duty you have, but you first clean the city as early as possible."
• "Who asked you (BBMP) to save the money? You clean the city first, you save the city."