The High Court disposed of a PIL concerning indiscriminate dumping of solid wastes. Relying on a Municipal Corporation report filed after inspection, which stated no solid waste was found on the subject plots, the Court found no necessity to keep the matter pending.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PIL NO.61 OF 2010
Kalyan Ambernath Manufacturers
Association (KAMA)...Petitioner
vs.
Shri G.P.Sagaon & Ors. ...Respondents
None for the Petitioner
Ms R.A.Salunkhe, AGP for the respondent Nos.4 to 6.
Mr.Pranav Thakur I/b M/s.Little & Co. for respondent
No.3
Ms Sharmila Deshmukh for respondent No.5
Mr.A.S.Rao for respondent No.8
Ms Kiran Bagalia for respondent No.7.
Digitally signed by Shubhashri Shubhashri Shridhar Shridhar Pathak Pathak Date: 2018.08.08 16:01:10 +0530
CORAM : A.S.OKA, &
RIYAZ.I.CHAGLA, JJ.
DATE : JULY 19, 2018
P.C.:
1On many occasions when this PIL was called out,
none appeared for the petitioner. However, on 25th
January 2018, the petitioner was represented. The
grievance in this PIL by the petitioner-Association
is regarding indiscriminate dumping of solid wastes
by the first and second respondent in industrial
area of the third respondent. In fact, there is an
affidavit filed in the year 2010 by the Maharashtra
Pollution Control Board in which it was stated that
thefirstandsecondrespondentsare
unscientifically dumping the solid wastes thereby
causing health hazard to the residents. There is an
affidavit filed on record by the third respondent in
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the year 2013 complaining about the illegal dumping
of solid wastes at the spots subject matter of this
petition.
2The order dated 21st June 2018 notes that
considering the pendency of a litigation before the
National Green Tribunal, this PIL will be restricted
to illegal dumping of solid wastes on the spots
subject matter of this petition.
3It is not in dispute that during the pendency
of this PIL, both the first and second respondents
ceased to have any jurisdiction over the area of the
subject plots and the subject plots are now within
the jurisdiction of the Kalyan-Dombivli Municipal
Corporation. As directed by this Court by order
dated 21st June 2018, the Municipal Corporation
carried out inspection after notice to the
Maharashtra Pollution Control Board on 18th July
2018. On taking inspection on that day, a report
was drawn by the Regional Officer of the Maharashtra
Pollution Control Board at Kalyan and the Deputy
Commissioner of Solid Waste. The report records
that the situation has undergone a change from 1st
June 2015 when the area was included within the
limits of the Municipal Corporation. It is stated
that at the time of site visit it was found that no
solid waste was dumped on the plots in question.
The report is placed on record along with an
affidavit of Shri Dhananjay Toraskar, Deputy
Commissisoner (SWM) of Kalyan Dombivli Municipal
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Corporation. We accept the statements made in the
affidavit and the said report.
4In view of what is stated in the affidavit and
report, at this stage it is not at all necessary to
keep this PIL pending and the same is accordingly
disposed of. If hereinafter the petitioner has a
similar grievance, appropriate representation can be
made by the petitioner to the respondent No.8
Municipal Corporation.
(RIYAZ.I.CHAGLA,J.)(A.S.OKA,J.)
2 issues framed by the court
Whether to continue the public interest litigation regarding indiscriminate dumping of solid wastes in the industrial area given the inspection report.
How to dispose of the petition considering the change in jurisdiction and the assertion that no solid waste is currently dumped on the plots.
Kalyan Ambernath Manufacturers Association (KAMA)
Shri G.P. Sagaon
Respondent No. 2
Municipal Corporation
A.S. Oka
Riyaz I. Chagla
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court