The Court dismissed a PIL challenging the construction of a garbage dump on land recorded as a manure pit next to the village abadi, finding the location appropriate and not hazardous based on the Medical Superintendent's report.
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Neutral Citation No. - 2024:AHC:107343
Court No. - 50
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1160 of 2024
Petitioner :- Arjun Respondent :- District Magistrate And 2 Others Counsel for Petitioner :- Yogendra Pal Singh Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani
Hon'ble Ashutosh Srivastava,J.
Heard Sri Y. P. Singh, learned counsel for the petitioner, learned Standing Counsel for the State Respondents and Sri K. K. Mani, learned counsel, who has accepted notice on behalf of the Respondent No.3.
The instant Public Interest Litigation (PIL) has been filed with a prayer to direct the respondents to retrain the Gram Pradhan of village Malira, Tehsil Sadar, District Muzaffar Nagar to stop the construction of the Garbage Dumping Area in the land contained in Khasra No. 824 which is stated to be reserved for fertilizer and recorded as manure pit.
It is contended by the petitioner that the Khasra No. 824 recorded as manure pit lies next to the village abadi and construction of the garbage dump next to the village abadi would certainly affect the environment matrix and also give rise to health issues. The residents of the village as also the petitioner have approached the District Magistrate and the Sub Divisional Magistrate on various occasions to stop the construction of the garbage dump over Plot No. 824 but to no avail. It has also been submitted that there exists other barren lands where the Garbage Dumping Area can be constructed but the same is not being considered. It has also been submitted that the Medical Superintendent, Community Health Center Charthawal, District Muzaffar Nagar when approached by the villagers has reported in favour of the villagers.
This Court vide order dated 20.06.2023 had called for instructions from the respondents. The instructions dated 29.06.2024 have been received and are taken on record. Learned Standing Counsel relying upon the instructions submits that the Khasra Plot No. 824 area 0.7280 hectares which is recorded as manure pit has been found to be most suitable for construction of the Garbage Dump
Area after analyzing the alternate land contained in Plot No. 213 and 1233/3. The Plot No. 824 over which the garbage dump is being constructed is situated on the outskirts of the village next to the village abadi. The construction of the Garbage Dumping Area is being done under the Swachh Bharat Mission Scheme of the Government. Under the said Scheme, the garbage from the village is collected and processed and after recycling is utilized as manure/fertilizers. It is contended that the Scheme is for the benefit of the villagers and the construction of the garbage dump is also in the interest of the village concerned.
I have heard the learned counsel for the parties and have perused the record.
I find that the Garbage Dump Area is being constructed at the appropriate place for the benefit of the villagers. It is located at the outskirts of the village. The Medical Superintendent, Community Health Centre, Charthawal, District Muzaffar Nagar, in his report which has been brought on record by the petitioner as Annexure No. 5 to the petition, simply states that the Garbage Dumping Area is being constructed on the outskirts of the village adjacent to the residential area. The report nowhere states that the construction of garbage dump would be hazardous to the environment of the village or would lead to spread of diseases etc. as alleged by the petitioner. The Authorities have analyzed the suitability of other alternate lands and have found the Plot No. 824 over which the garbage dump is being constructed to be the most suitable. The photographs annexed along with the petitioner reveals that considerable constructions have already been made.
In view of the above, this Court is not inclined to entertain the Public Interest Litigation. It is, accordingly, dismissed and consigned to records.
Order Date :- 2.7.2024 pks
Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad
3 issues framed by the court
Whether construction of Garbage Dumping Area on Khasra No. 824, recorded as manure pit, poses environmental or health hazards to the adjacent village abadi.
Whether Plot No. 824 is the most suitable site for the dump compared to alternate lands under Swachh Bharat Mission.
Whether the report of the Medical Superintendent confirms hazard or disease spread from the proposed garbage dump.
Arjun
District Magistrate
Others
Ashutosh Srivastava
As recorded by the court registry
2 orders share this CNR
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