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Sanitation situation ‘alarming’: HC demands report from all civic bodies

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Describing the sanitation situation in Punjab’s municipal councils as “alarming” amid the ongoing strike by sanitation workers, the Punjab and Haryana High Court has expressed concern that the prevailing conditions “may lead to a risk of an epidemic” during the monsoon. It has sought a state-wide status report on measures being taken to deal with the crisis.Justice Pankaj Jain’s Bench, at the onset, observed that an affidavit had been filed by Ashwani Kumar, Executive Officer, Municipal Council, Sangrur. But it “pertains only to the arrangements made for Municipal Council, Sangrur.”The observation by Justice Jain came during the hearing of a petition filed against the state and other respondents by Pardeep Kumar, Sanit Grewal and Jasinder Sekhon through senior advocate PS Sekhon, along with counsel Shehbaz Thind, GS Gill and Sultan Singh.Justice Jain asserted the crisis was not confined to a single municipal body. Referring to the submissions made during the hearing, the Bench said: “Anu Chatrath, senior advocate, is not in a position to dispute that an alarming situation with respect to sanitation has arisen in other municipal councils as well where the sanitation workers are observing strike.”Taking judicial notice of the public health implications, particularly during the rainy season, Justice Jain asserted: “Keeping in view that the monsoon has already set in, this court apprehends that the prevailing situation may lead to a risk of an epidemic.”Noting that the affidavit already filed pertained only to arrangements made by the Sangrur Municipal Council, the court directed Additional Advocate General HPS Ishar “to furnish an affidavit with respect to all Municipal Councils situated within the state regarding action taken to tide over the alarming situation that has arisen due to strike by the sanitary workers before the next date of hearing.”Fixing July 22 as the next date of hearing, Justice Jain warned that the Secretary, Local Bodies, would remain present in person if the affidavit was not filed before the next date.The Bench, on the previous date of hearing, had left it open to the state to explore the possibility of invoking the provisions of the Essential Services Maintenance Act (ESMA) to address the ongoing strike by employees rendering sanitation services in Municipal Committees across the state.Among other things, the petitioners had contended in the petition that the respondents had failed to restore uninterrupted sanitation services, make effective alternative arrangements, prepare a permanent contingency mechanism, or take proactive action under the applicable statutory provisions. They added that they were, as such, constrained to file the present petition before the High Court.It was further submitted that, amid the continuing sanitation crisis, a detailed report had also been published in a newspaper and on a website highlighting the incidence and risk of mosquito-borne and water-borne diseases during the monsoon season. Representations were also submitted to the Minister for Local Government and other authorities, seeking immediate intervention, inspection of the affected locations, and fixation of responsibility. Photographs depicting the prevailing conditions were also annexed with the petition.The petitioners had further stated that the situation had worsened during the monsoon season, as accumulated garbage had mixed with rainwater and sewage, blocked drains, and created breeding grounds for mosquitoes, flies, and other disease-carrying insects.

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