The Ilam bench of the Biratnagar High Court has, for the first time, made a historic decision for the implementation of the citizen's right to environment.
A joint bench of Justices Prem Raj Karki and Bishnu Prasad Koirala passed the order on Thursday in the name of the Ministry of Forest, Environment and Soil Conservation in the name of State No. 1 Biratnagar, Mechinagar Municipality, Bhadrapur Municipality and Birtamod Municipality. Homnath Prasai of Mechinagar Municipality-7 had filed a writ petition in the Ilam Bench on March 3, 2008 seeking an injunction against the Ministry and three local levels alleging that they had polluted the environment by dumping garbage indiscriminately.
Advocate Hemkala Kattel informed that the decision of the bench of the same writ has stated that the progress report of the organization related to waste management should be submitted to the court within three months. "This is a historic and first decision by a high court in the field of environment," he said.
The court has issued an order to immediately implement the Garbage Management Act, 2068 BS and other legal provisions to find a place for waste management and to implement it properly.
In the order issued, it has been mentioned that the municipality should mobilize the transport businessmen in its area to manage the garbage in a responsible manner, make necessary action plan for the systematic use of plastic bags and plastic products and fix the fee for garbage collection as per the law.
Advocates Hiranya Prasad Adhikari, Khagraj Kattel and Hemkala Kattel represented the writ petitioners while advocates Ashok Chhetri, Uttam Poudel and Dipendra Bhattarai represented the municipality. The case was filed in the court due to the indifference shown by the locals in waste management. The old and big municipalities of Jhapa like Bhadrapur, Birtamod and Mechinagar have not been able to arrange space for garbage management yet.
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