- (1.) Challenge in this intra court appeal is to the order dated 19.4.2011, whereby the learned Single Judge disposed of the writ petition issuing directions to the respondentMunicipal Corporation, Jaipur with regard to maintaining the cleanliness in the cities i. e. within the jurisdiction of the local authority so as to fulfill the statutory obligations.
(2.) Shorn of unnecessary details, the facts of the case giving rise to this special appeal are that the petitioner Vimal Chaudhary, Advocate filed a writ petition beseeching to direct the respondents to ensure a complete and regular cleaning of the locality; to determine the strength of scavenging staff according to the need of present scenario of the city taking into consideration the increasing population etc. ; to determine and notify the points in locality for collection and transfer of garbage; to prevent and abate the nuisance caused by straying of pigs on streets and various places in the locality namely Ganesh Nagar; for initiating action against throwing garbage including plastic and other waste material on the roads / streets and easing in open space adjacent the hillock Moti Doongari; and to enforce the provisions contained under Section 247 to 249 of The Rajasthan Municipalities Act, 2009 against the persons committing offence thereunder.
(3.) During the pendency of writ petition, the learned Single Judge issued directions on 18th February, 2011 that the Chief Executive Officer of Jaipur Nagar Nigam shall appear before the court along-with the plan and file an affidavit. Pursuant to the directions issued by the learned Single Judge, the Chief Executive Officer of Municipal Corporation, Jaipur Mr. Mahaveer Prasad Swami, filed an additional affidavit, stating that in all for 77 wards of Jaipur, three tier system is adopted for cleanliness of the city. Areawise workers are deputed, who after cleaning the roads and Nalies of the area, collect all the filth, dirt and garbage manually and lift them in handcart (wheel barrows) to the local garbage depot and from where garbage is being collected by the Department through contractor and transported to the dumping yard at Sewapura / Mathuradaspura and also to Langariyawas for processing. At present the area of municipal limits is divided into 8 zones. In every zone One Commissioner, one Health Officer and one or two Chief Sanitary Inspectors are posted. Ward wise Sanitary Inspector and Jamadars are also posted to monitor the cleanliness. Presently 5644 permanent Safai Karamcharies are working. In addition to the permanent Safai Karamcharies, 960 contract Safai Karamcharies are also engaged for the cleanliness of the city. The cleaning work is monitored by Jamadars at first phase, then by Sanitary Inspector / Chief Sanitary Inspector / Health Officer and thereafter by the Zone Commissioner. One officer at Head Office is designated as Commissioner (Health) to monitor the cleaning system in the city. The inspection is also done by other officers posted at headquarter. Approximately 900 MT of garbage / solid waste is transported daily to the dumping / trenching ground from all areas of the city and then to the garbage processing plant which is installed at Langariawas, which processes 350 tonnes per day municipal solid waste to produce 100 TPD fine shredded Refuse Derived Fuel (RDF). He is also found to have endeavoured to submit that the Jaipur Municipal Corporation prepared a proposal and sent it to the Government on 18.12.2010 and 24.2.2011 to provide necessary funds worth Rs. 1387 lakhs for the purpose of modern equipments, machineries and facilities for lifting and eventual disposal of garbage in the city. Certain specific steps taken by the Municipal Corporation for effective management of cleanliness were also enumerated viz. short listing the financially and technically sound entrepreneurs involved in the work of solid waste management on public private partnership / DBOOT basis for 40 wards of Jaipur City and other major towns of Rajasthan, which included components of Door to Door garbage collection, storage, transportation, processing and disposal in accordance to Municipal Solid Waste (Management and Handling) Rules, 2000. ;