Disposed

Dilip Ashok Desai and Anr. v. Kolhapur Municipal Corporation and Ors.

Bombay HC21 Sept 2007PIL/67/2007

Case brief

AI extract

What is this about?

The petitioners challenged the disposal status of solid waste in Kolhapur. The court found the corporation identified a landfill site and the respondent corporation established a waste processing plant. Terms affiliated with control board were noted. Court is satisfied that respondents are taking necessary steps under requisite rules. Therefore, petition is disposed of with liberty to approach cou

What did the court decide?

Petition disposed of with liberty to move the Court if any problem affecting public health arises in future for want of compliance.

I	N THE	HIGH	COURTOF JUD	ICATURE AT BOMBAY
	CIVIL		APPELLATE	JURISDICTION
	PUBLIC	INTEREST	LITIGATION	NO. 67 OF 2007.
Dilip Ahsok D	esai & Anr. V/s			..Petitioners.
Kolhapur	Municipal	Corporation	& Ors.	..Respondents.
Mr.	S.S.	Shah	for	the petitioners.
Mr.	S.S.	Patwardhan	for	respondent No.1.
Mr. J.P.	Sen i/b	Mulla	& Mulla	for respondent NO.2.
Mr.	R.V.	Govilkar	for	respondent No.3.
Mr.	S.R. Nar	golkar,	AGP for	respondent No.4.
	CORA	M A.A.S	: AYED,	J.N.PATEL AND JJ.
	DATE		: 21ST	SEPTEMBER, 2007.
P.C.
1.	The affi	davit-in-reply f	iled by respondent is
taken	on record.	The	issue raised	by the petitioners
is in	relation	to the	disposal of	solid waste. From
the	affidavit-in-reply	filed	by the	Commissioner of
Municipal	Corporati	on	Kolhapur	and Maharashtra
Pollution	Control	Board,	this Court	is satisfied that
the	respondents	are	taking ne	cessary steps for
complying	with	the pro	visions of	Municipal Solid Waste

N
THE

HIGH

COURTOF
JUD

ICATURE
AT
BOMBAY

CIVIL

APPELLATE

JURISDICTION

PUBLIC

INTEREST

LITIGATION

NO.
67
OF
2007.

Dilip Ahsok D

esai & Anr.
V/s

..Petitioners.

Kolhapur

Municipal

Corporation

&
Ors.

..Respondents.

Mr.

S.S.

Shah

for

the
petitioners.

Mr.

S.S.

Patwardhan

for

respondent
No.1.

Mr.
J.P.

Sen
i/b

Mulla

&
Mulla

for
respondent
NO.2.

Mr.

R.V.

Govilkar

for

respondent
No.3.

Mr.

S.R.
Nar

golkar,

AGP
for

respondent
No.4.

CORA

M
A.A.S

:
AYED,

J.N.PATEL
AND
JJ.

DATE

:
21ST

SEPTEMBER,
2007.

P.C.

The affi

davit-in-reply f

iled by respondent is

taken

on
record.

The

issue
raised

by
the
petitioners

is
in

relation

to
the

disposal
of

solid
waste.
From

the

affidavit-in-reply

filed

by
the

Commissioner
of

Municipal

Corporati

Kolhapur

and
Maharashtra

Pollution

Control

Board,

this
Court

is
satisfied
that

the

respondents

are

taking
ne

cessary
steps
for

complying

with

the
pro

visions
of

Municipal
Solid
Waste

2.	The respondent Corporation had made	a statem	ent
that	they have identified site	for	disposal	of	solid
waste for t	he purpose of land-fill in accordance with
the provisi	ons of Municipal Solid Waste Rules of 2000.

The respondent Corporation had made

a statem

ent

that

they
have
identified
site

for

disposal

solid

waste for t

he purpose of land-fill in accordance with

the provisi

ons of Municipal Solid Waste Rules of 2000.

3.	So far as respondent No.2 is concerned,	they
have	established a plant for proce	ssing and	disp	osal of
solid	waste converting the same	into		bio-fertilizer
after	segregating the recyclable	material	(Boot	basis)
and	they have nothing further todo	in the	matter.	New
site	has been identified by the	Municipal		Corporation
therefore,	nothing survives in	this peti	tion.	We
therefore,	dispose of this petition	with libe	rty	to the
petitioners	to move the Court in	case	any	problem
affecting	public health, arises in	future for	want	of
compliance	of the Municipal Solid	Waste (Ma	nagement	&
Handling)	Rules. 2000 under t	he provisions	o	f the

So far as respondent No.2 is concerned,

they

have

established
a
plant
for
proce

ssing
and

disp

osal
of

solid

waste
converting
the
same

into

bio-fertilizer

after

segregating
the
recyclable

material

(Boot

basis)

and

they
have
nothing
further
todo

in
the

matter.

New

site

has
been
identified
by
the

Municipal

Corporation

therefore,

nothing
survives
in

this
peti

tion.

therefore,

dispose
of
this
petition

with
libe

rty

to
the

petitioners

to
move
the
Court
in

case

any

problem

affecting

public
health,
arises
in

future
for

want

compliance

of
the
Municipal
Solid

Waste
(Ma

nagement

Handling)

Rules.
2000
under
t

he
provisions

f
the

Dilip Ashok Desai and Anr. v. Kolhapur Municipal Corporation and Ors.

Case brief

What is this about?

What did the court decide?

Dilip Ashok Desai and Anr. v. Kolhapur Municipal Corporation and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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