STRENGTHENING OF CONTRACTUAL PROVISIONS FOR CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

Abstract

Construction and demolition (C&D) waste has risen to the forefront of environmental debate, posing major environmental and human concerns. Due to the daunting issue of managing emissions from the construction sector, large harmful dust particles from debris pollute the air, making it difficult for rural and urban areas to achieve the National Ambient Air Quality Standards (NAAQS). The lack of stringent contractual conditions, ambiguity in defining the agency responsible for transporting the waste, and concern about quality of products made from C&D waste, are some of the problem areas in C&D waste management. Since construction usually involves a client and a contractor, bound by contract conditions, the different agencies formulating the contract conditions play an important role in ensuring effective C&D waste management. This study discusses some of the existing contractual conditions and then analyses C&D waste management in both the global and Indian contexts, with the goal of identifying the necessary adjustments to the construction contracts. While highlighting some of the lacunae in Indian contracts studied, it is proposed that a definite framework of laws fixing responsibilities of stake holders including contractors in the contract conditions along with critical monitoring and vigilance at appropriate level would go a long way in efficient management of construction waste.