Delhi: Inmate says he can’t breathe, HC tells EDMC to fix garbage mess around jail

Even the jail superintendents had maintained that they were “disturbed” by the pollution and the “smoke emanating from waste burning” in the area. The status report said that one of the jail superintendents said a “cloud of smoke covers the jail once the burning of waste begins”.

After the report was filed, the High Court had, in its order on December 18, told the Delhi Pollution Control Committee (DPCC) to inspect the jail premises and the area around it to ensure no “polluting” activity is allowed.
Following the order, environmental engineer N K Joshi of the DPCC visited the jail to find out the status of municipal solid waste management. The DPCC, in its report, said they found heaps of domestic waste and construction material along the walls of the jail. They said that was one of the reasons for dust pollution on the premises.

The DPCC report also maintained that since there is no MCD “dhalao or dustbin” in the area, residents of the nearby Harsh Vihar generally dump their household waste along the boundary walls of the jail.

“The heaps of waste were not lifted till 3 pm and many stray animals were attracted to the dumped eatables. It was felt that had there been a dustbin or a dhalao… (there) could have negligible waste. The EDMC may consider suitable steps to ensure that the entire domestic waste from Harsh Vihar colony is disposed of as per Solid Waste Management Rules, 2016,” the report, submitted in the High Court, said.

A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar Monday said, “The report and the enclosed photographs manifest that there is a violation of several orders passed by this court… The photographs also illustrate that the EDMC is not effectively implementing the aforesaid bylaws. This non-action would invite proceedings under the Contempt of Court Act, 1971, against the authorities concerned. However, for the time being, we are refraining from initiating such proceedings.”

The court also maintained that the matter is critical and deserves immediate action since over 3,500 prisoners, besides jail staff, have to breathe the air on a daily basis.