Dismissed

B.Ramesh Ananda Raj v. State of Tamil Nadu

Madras HC18 Jun 2019WP/13102/2019

Case brief

AI extract

What is this about?

The Court dismissed a writ petition seeking a stay on the 'Smart City Project' construction of a Recovery Shed at river Palar banks and directions for pollution control. Finding that the Vellore Corporation had removed the dumped garbage, the Court held that adequate steps were taken for site cleaning. (W.P.No.13102 of 2019, dated 18/6/2019)

What did the court decide?

The writ petition filed to stop the project of construction and take action against pollution of river Palar is dismissed with no costs.

B.Ramesh Ananda Raj Vs State of Tamil Nadu — Environment and Pollution | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 18/6/2019

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C O R A M

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THE HONOURABLE MR.JUSTICE S.MANIKUMAR and

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THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD

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W.P.No.13102 of 2019

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B. Ramesh Ananda Raj ... Petitioner
Vs
1. The State of Tamil Nadu
rep. By its Secretary
P.W.D Secretariat
Chennai.
2. The District Collector
Office of the District Collector
Vellore.
3. The Assistant Engineer
Tamilnadu Pollution Control Board
Gandhi Nagar, Katpadi
Vellore District 632 006.
4. The Commissioner
Vellore Corporation
Infantry Road, Vellore. ... Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India, issuance of a writ of mandamus to direct the respondents to consider the representation dated 24/2/2019 and to stop the project of construction of Recovery Shed and Underground drainage plant under the name of “Smart City Project” at the Banks of river Palar and to take necessary action against all types of pollution of the river Palar, which causes great health hazards to the people living near the banks of river Palar and ensure the safety and health environment of the residents living near the banks of river palar and protect them from struggling for their life and existence.

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For petitioner ... Mr.V.V.Kathiresan

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https://hcservices.ecourts.gov.in/hcservices/

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For respondents ... Mr.E.Manoharan

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Additional Government Pleader for R.R.1 and 2

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Mr.S.Silambanan Senior Counsel for Ms.P.Shanthi for R.4.

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O R D E R

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(Order of this Court was made by S.Manikumar, J)

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Instant writ petition has been filed, to direct the respondents to consider the representation, dated 24/2/2019, and to stop the project of construction of Recovery Shed and Underground drainage plant, under the name of “Smart City Project”, at the Banks of river Palar and to take necessary action against all types of pollution of the river Palar, which causes great health hazards to the people living near the banks of river Palar and ensure the safety and health environment of the residents living near the banks of river palar and protect them from struggling for their life and existence.

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When the matter came up for hearing, on 14/6/2019, this Court passed the following order:-

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“Opposing the averments made in the writ petition, Commissioner, Vellore City Municipal Corporation, Vellore, has filed a detailed counter affidavit.

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Going through the photographs enclosed in the typed set of papers, we are of the view that the said place has to be cleaned up before going into the merits of the rival contentions.

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Commissioner, Vellore City Municipal Corporation, Vellore, fourth respondent is directed to issue necessary orders to clean the area where garbage is dumped and submit photographs to this Court, substantiating removal.

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Post on 18/6/2019, in the motion list.”

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Reverting and based on the few photographs taken at the subject site, VCMC Zone, Viruthampet Reporting Area Cleaning Work, dated 17/6/2019, Mr.S.Silambanan, learned Senior Counsel submitted that garbage stated to have been dumped, at the subject site, has been removed, whereas Mr.V.V.Kathiresan, learned counsel for the petitioner refutes.

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Commissioner, Vellore City Municipal Corporation,

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https://hcservices.ecourts.gov.in/hcservices/

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Vellore, fourth respondent, has filed a counter affidavit. Relevant paragraphs are extracted hereunder:-

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“17. In order to comply with the Hon'ble High Court of Madras and the NGT direction, the Corporation gradually moved from open dumping of mixed solid waste towards scientific management by establishing 42 Micro Composting Centres (MCC). The Sathuperi dumpyard was closed on 1/2/2018. The major activities in MCCs include segregation of mixed waste, composting of degradable waste in tubs constructed for this purpose and sale of recylable non-biodegradable waste. Out of total garbage generation of 230 MT per day, 165 MT is processed at MCCs and 45 MT of waste generated by the Bulk Waste Generators are processed themselves. Out of 165 MT of garbage per day, about 108 MT of biodegradable waste is subjected to microbial decomposition and 47 MT of recyclable waste is sold out to the traders fetching revenue to the sanitary workers as a result of shared revenue earned out of recyclable waste.

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Vellore Corporation obtained authorisation from Tamil Nadu Pollution Control Board for operating 51 MCCs including 42 already functioning and 9 newly proposed MCCs. TNPCB is periodically monitoring the functioning of MCCs.”

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Going through the photographs, produced before us, and the counter affidavit filed, on behalf of the Commissioner, Vellore City Municipal Corporation, Vellore, fourth respondent, we are of the view that adequate steps have been taken, for removal of garbage. Accordingly, writ petition filed, to stop the project of construction of Recovery Shed and Underground drainage plant under the name of “Smart City Project” at the Banks of river Palar and to take necessary action against all types of pollution of the river Palar, is dismissed. No costs.

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Sd/-

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Assistant Registrar(Insp.Cell)

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//True Copy//

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Sub Assistant Registrar

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mvs. To

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The Secretary State of Tamil Nadu P.W.D Secretariat Chennai.

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https://hcservices.ecourts.gov.in/hcservices/

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The District Collector Office of the District Collector

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Vellore.

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The Assistant Engineer

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Tamilnadu Pollution Control Board Gandhi Nagar, Katpadi Vellore District 632 006.

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The Commissioner
Vellore Corporation
Infantry Road, Vellore.
+1 cc to Mr.V.V.Kathiresan, Advocate, Sr.No. 50658
W.P.No.13102 of 2019
EV(CO)
CSL/30.07.2019

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https://hcservices.ecourts.gov.in/hcservices/

B.Ramesh Ananda Raj v. State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

B.Ramesh Ananda Raj v. State of Tamil Nadu

Case brief

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What did the court decide?

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