MP High Court Bats For Institution Of 'Corporate Climate Responsibility Fund' Akin To CSR To Aid Waste Management In Gwalior

In a PIL highlighting unhygienic conditions in Gwalior due to accumulation of garbage, the Madhya Pradesh High Court suggested that all stakeholders must contemplate creation of a 'Corporate Climate Responsibility Fund' (CCR Fund) to address problems relating to environment, cleanliness and public hygiene. 

After perusing compliance report filed by Gwalior's Municipal Corporation, suggestions given by amicii curiae and discussions held with the officers, a division bench of Justice Anand Pathak and Justice Pushpendra Yadav in its order said:

"Time has come that all stakeholders must contemplate about creating Corporate Climate Responsibility Fund (CCR Fund) which may be dedicated to address the problems relating to Environment/Cleanliness/Public Hygiene. CCR Fund is a good concept which can only be used for purpose like Environment. In fact this CCR Fund ought to be dedicated to Environment and allied purposes only". 

The court further said that the Municipal Corporation may explore the possibility of getting "Door to Door Garbage Collection Vehicles" under CSR and from NGOs, public /Private Institutions intended to donations. "If advised so and if Rules/Regulations permit, then account can be created where all these donations can be collected and would only be used for addressing Cleanliness of the city."

The court further said:

"Municipal Corporation, Gwalior shall undertake an awareness programme also and would apprise the public at large about the problems faced by the city of Gwalior and solutions thought of by the Municipal Corporation, Gwalior and projects undertaken in this regard. Commissioner, Municipal Corporation, Gwalior if required, may place the suggestion of creation of account before Mayor-in-council for approval as discussed in preceding paragraphs". 

The court also directed the Commissioner to take stock of working of all officers of Municipal Corporation, Gwalior under him and "if any officer/engineer/authority is found to be in dereliction of duty or casual or indisciplined in his/her approach then suitable action be taken against him immediately". 

It also said that the Officers of Municipal Corporation would always keep their "mobiles on", so that problems of public at large may be "addressed 24x7". 

The court said that the Corporation can think of assigning pro bono duties to Auto Rickshaw/E-Rickshaw drivers and other public spirited citizens to make them "Green Warriors". This way whenever good deeds are done by them and reported to the Zonal Officer or Commissioner, Municipal Corporation, Gwalior, then they may be felicitated for the same.

During the hearing the amici curiae Sunil Kumar Jain and S.K. Shrivastava informed the Court that many industries are in the vicinity of Gwalior.

It was submitted that if, under Corporate Social Responsibility (CSR) industries and different well-meaning NGOs working in the city may auger well with Municipal Corporation, then deficit of 81 Door to Door Garbage Collection Vehicles can be covered. 

It was submitted that this way Municipal Corporation would start functioning with "full strength" when it comes to Door to Door garbage collection.

They submitted that the city's Citizens will also have to harbour feeling that city belongs to them and have to contribute their bit. 

It was further submitted that one account can be created by Municipal Corporation so that different industries, businessman, public at large and even fine amount etc. can also be deposited to address the financial crunch faced by the Corporation. The amici referred to Section 135 of the Companies Act, 2013 in this regard which talks about Corporate Social Responsibility.

Counsel for Pollution Control Board submitted that as soon as environmental clearance is given by the State Environmental Impact Assessment Authority (SEIAA), Pollution Control Board would immediately accord the permission within three weeks.

Meanwhile the counsel for the state government undertook to facilitate the file at brisk pace rather than obstructing. He undertook that all proceedings would be undertaken without any glitch so that fund and permission are given to the Municipal Corporation, Gwalior without delay. 

The court has listed the matter on October 8 for compliance.

Case Title: Sartaj Singh Tomar v Union of India (WP-1653-2023)

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