Disposed

Amit Kumar Panchal v. Cmo Nagar Palika Parishad Rau

NGT7 Nov 2024Original Application No. 26/2024

Case brief

AI extract

What is this about?

The National Green Tribunal addressed non-compliance allegations regarding solid waste disposal in Indore. After reviewing site inspections, the Tribunal acknowledged existing violations but declined to order immediate site shift, deeming relocation a policy matter dependent on land allotment. It directed authorities to expedite land acquisition and comply with statutory rules.

What did the court decide?

Authorities directed to expedite land allotment and comply with Solid Waste Management Rules 2016.

Amit Kumar Panchal vs Cmo Nagar Palika Parishad Rau — Environment and Pollution | NGT (2024)

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Item No. 3

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

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Original Application No. 26/2024(CZ)

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Amit Kumar Panchal Applicant (s)

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Vs.

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CMO, Nagar Palika Parishad Rau, Respondent(s) District- Indore & Ors.

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Date of Hearing: 07.11.2024

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER

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For Applicant (s): None For Respondent(s) : Mr. Prashant M. Harne, Adv. with Mr. Mehul Bhardwaj, Adv. Mr. Anuj Karnatak Ms. Parul Bhadoria, Adv.

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ORDER

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The issue raised in this application is noncompliance of the Solid Waste Management Rules, 2016. The contention of the applicant are that Indore is known as one of the cleanest city in India and scored no. 1 and has been found to be compliance of Solid Waste Management Rules. It is very surprising that in such a city the solid waste is being thrown openly in the trenching ground at AB Road, Rau District Indore near the Sanskriti Royal Park Colony. The Solid Waste, Plastic Waste and Municipal Waste are collected by the Municipal Corporation and being dumped here causing foul smell and health hazard to the citizens. It is further submitted that the dead animals are thrown in this place and street dogs picked dead body and throw them hither and thither causing violation of solid waste.

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O A No.26/2024(CZ) Amit Kumar Panchal vs. CMO, Nagar Palika Parishad Rau,

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District- Indore & Ors.

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The solid waste dumping in the trenching ground during the rainy season may cause the pollution of the underground water and further by flow of the water it is polluting the river water near the city of Indore. The allegation of the applicant is violation of Air (Prevention & Control of Pollution) Act, 1981 and Water (Prevention & Control 2 of Pollution) Act, 1974 and Solid Waste Management Rules, 2016 by the Municipal Corporation, Indore.

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The matter was taken up by this Tribunal and a committee was constituted consisting one representative from the District Collector, Indore and one representative from the State Pollution Control Board with direction to visit the site and submit the factual and action taken report. In compliance thereof the members of the committee visited the site and submitted the report as follows :

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Observations during inspection :

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Nagar Palika Parishad Rau, District-Indore (M.P.) is collecting municipal solid waste door to door and collected waste is dumped in Rau area, A.B. Road, Sanskriti Royal Park, near Mukti Dham since last many years.

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Mukti Dham is also located near the trenching ground in left side and a nallah is passing from A.B. road crossing trenching ground. Sanskriti Royal Colony is located in west & south direction adjacent to the trenching ground.

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Nagar Parishad Rau has not developed solid waste management facility in compliance of Municipal Solid Waste Management Rules 2016 yet. Municipal Solid Waste (MSW) has been dumped at existing trenching ground at A.B. Road Indore near Sanskriti Royal Colony. During inspection municipal solid waste was found dumped and as per the information told during inspection, dead animal are buried in the trenching ground and therefore, foul smell was felt all around in the area.

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During site inspection foul smell was felt and approx 5000 MT of solid wastes has been found dumped in the trenching ground. Segregation at source is not being carried out and mixed type of MSW was found dumped.

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O A No.26/2024(CZ) Amit Kumar Panchal vs. CMO, Nagar Palika Parishad Rau, District- Indore & Ors.

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Plastic wastes is segregated at trenching ground and the plastic waste is converted into plastic lumps at site within shed. Shredding machine, balling machine and lump converting machine were found installed. However, these were not found operating during inspection.

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A nallah was passing adjacent to the trenching ground and this meets to the River Saraswati. Nagar Parishad has not constructed sewage treatment plant (STP) so far for treatment of domestic wastewater generating from municipal area. Untreated municipal wastewater is flowing into local nallah, which may cause water pollution in the area.

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Ground water quality of the surrounding has been tested by the Regional Office, MPPCB Indore. As per analysis report, ground water quality of the area was found normal.

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Action Taken Report

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The Regional Office, M.P. Pollution Control Board (MPPCB) has taken action against the Nagar Parishad Rau and instructed time to time to take preventive action to control foul smell and proper disposal of municipal solid wastes and wastewater and shifting of this trenching ground away from the city.

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It is submitted that notice no. 2831 dated 01/08/2023, letter no.3573 dated 04/10/2023, letter no. 4632 dated 18/12/2023, letter no. 623 dated 19/02/2024 and letter no 1213 dated 05/04/2024 were sent to Chief Municipal Officer (CMO) Rau to take preventive actions and shifting of trenching ground from the present site.

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It is submitted that notice under section 33-A of Water (Prevention and Control of Pollution) Act 1974 has been sent to CMO Rau vide RO MPPCB letter no. 625 dated 19/02/2024 for installation of wastewater treatment and to prevent untreated wastewater discharge into nallah.

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It is submitted that MPPCB has imposed Environment Compensation of Rs. 96 Lakh for period from 01/07/2020 to 31/12/2020 and Rs. 756 Lakh for period 01/01/2021 to 31/12/2023 for non compliance of MSW Rules 2016 and non installation of STP.

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In response of RO MPPCB notice letter no. 625 dated 19/02/2024, CMO Rau has submitted a reply dated 07/03/2024 and informed that they have applied for land allotment at Village-Machala at Survey No. 155/1/2 to the Collector Indore for installation of solid wastes management facility, which is under process. After development of solid waste disposal facility at Village-Machala, land of present trenching ground near Sanskriti Royal Park Colony Rau has

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O A No.26/2024(CZ) Amit Kumar Panchal vs. CMO, Nagar Palika Parishad Rau,

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District- Indore & Ors.

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been proposed to be use for construction of sewage treatment plant.

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Collector Indore has also directed to comply the provisions of MSW Rules 2016 and to close the storage of solid waste near residential colony to CMO Rau vide their letter no. 03 dated 03/01/2024 & letter no. 186 dated 01/03/2024.

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Nagar Parishad Rau has submitted that they have requested to Collector Indore to allot land of 3.5 hectare out of 9.5950 hectare of Survey No. 155/1/2, Village-Machala at the earliest. The allotment process is under progress and it has been informed that it will take some more time, therefore, Nagar Parishad has requested to Collector to provide possession in advance, so that solid waste may be managed and disposed properly and problem of Sanskriti Royal Park Colony may be resolved.

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Conclusion & Recommendation :

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Nagar Parishad Rau has proposed to developed the solid waste management facility at Survey No. 155/1/2, VillageMachala, District- Indore (M.P.). Nagar Parishad Rau has requested District Administration for allotment of land and for early possession of the land. Land allotment by the District Administration is under process.

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Nagar Parishad has been sent notices to manage the solid waste and wastewater according to MSW Rules 2016 and Water (Prevention and Control of Pollution) Act 1974 by M.P. Pollution Control Board. Environment Compensation of Rs. 852 Lacks has also been imposed.

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Nagar Parishad Rau may be directed to shift the trenching facility and install separate solid waste management facility for which time bound action plan be submitted to MPPCB.

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Nagar Parishad Rau may be directed to comply provisions of Municipal Solid Waste Management Rules 2016 and to install Sewage Treatment Plant for management of domestic wastewater.

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Notices were also issued to the respondents and in compliance thereof the Nagar Palika Parishad/respondent no. 1 has filed the reply and submitted that the questioned Trenching Ground is being situated at AB Road, Rau, and is being used for treatment and disposal of waste since around 40 years. It is submitted that the area designated for dumping and treatment or waste was done by Gram Panchayat Rau around 40 years back and since then the same is being used for

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O A No.26/2024(CZ) Amit Kumar Panchal vs. CMO, Nagar Palika Parishad Rau, District- Indore & Ors.

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dumping of Waste collected from the households, hotels, commercial units etc., and the said designated land has been inherited as Trenching Ground from the Gram Panchayat Rau and that Rau was initially a Gram Panchayat till the year 1981. However with the expansion of its District lndore, time and again the residents have increased in Rau. Around the year 1982, the Rau Gram Panchayat was declared as a Nagar Parishad.

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The Rau Nagar Parishad was also among the first Nagar Panchnyats, which have deployed Motor Vehicles for collection of waste in and around the area. With the commencement of Swachh Bharat. Mission in the year 2015, Rau has been an active part of it and is working as per the rules and regulation laid therein, With the implication of Swachh Bharat. Mission, the waste is being collected from door to door of households, hotels, restaurants, and commercial units, by vehicles deployed, which is collected under two categories, namely Wet and DU (Solid) waste.

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The waste then collected from door to door is in two categories is brought to the Trenching Ground situated at AB Road, Rau, Indore, where the same is treated. At the trenching ground, the categorised waste is treated separately as Wet and Dry (solid) waste.

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A. The Wet Waste is treated with windrow process for conversion into a compost and is kept rotated at timely intervals. The waste is also treated with bioculture and odour suppressors to supress the spread of smell in and around the area. It is being apprised before this Hon'ble Tribunal that the Trenching Ground has a limited area of around 2 acres, which is being used for disposal of waste, shed for treatment of dry waste, open space, roads, fencing, FSTP and High Tension Line Tower and therefore the process used by the answering Respondent is the only best possible process at the questioned area of Trenching Ground. The approximate time period for conversion of wet waste to usable compost is around 120 days, which majorly depends upon the natural factors such as moisture level and temperature, and if in case there is nonseasonal rains then this period of 120 days exceeds.

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O A No.26/2024(CZ) Amit Kumar Panchal vs. CMO, Nagar Palika Parishad Rau, District- Indore & Ors.

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B. Whereas, the dry (solid) waste is treated separately on the trenching ground, instantly as it is brought and starts to be segregated further into separate categories such as rubber, plastic, paper, glass, etc., and as per their categories is further recycled/provided to the recycling industries/ agencies.

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The trenching ground situated at AB Road, Rau, Indore, admeasures an area of around 2.00 acres, which is being used for the purpose of waste disposal and treatment over a period of around 40 years. On the said land of trenching ground there is a Shed constructed, having an area of 6000 sq.ft., approximately, wherein the Dry (Solid) Waste is segregated and recycled, and the remaining is transported to the recycle and manufacturing agencies and individuals. Apart from shed, on the remaining area, there is a Road for movement of vehicles and workers, FSTP plant, Open Space for parking of vehicles, and a High Tension Line Tower and because of this there is very limited space for disposal and treatment of waste. At the site, every day around 12 to 14 tonne ofwaste is being brought. Out of which 10 tonne (approx.) of waste received is wet waste and the remaining is the dry waste. The answering Respondents try to manage the said waste received in the limited space of trenching ground, which is left apart from the area designated for Shed, Open Space, Roads, Fencing, FSTP and High Tension Line Tower. The answering Respondents have over the years have requested the concerned authorities and departments including Collector and the M.P Pollution Control Board for allotment of a designated land for the trenching ground so that the waste can be treated in a better way and no person gets affected, but till have not received any allotment of land.

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The Rau Nagar Parishad has always tried to implement and abide by the guidelines being imposed by the Central/State government and the concerned Authorities and SMW Rules, 2000 and subsequently the SMW Rules, 2016. The answering Respondents have always tried to

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O A No.26/2024(CZ) Amit Kumar Panchal vs. CMO, Nagar Palika Parishad Rau, District- Indore & Ors.

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manage the waste disposal site and the treatment of waste in the limited space available to them. The answering Respondents have for their esteemed management have also been recognised by the Directorate of Urban Administration and Development, Government of Madhya Pradesh and have been awarded with `Swachhata Seva Samman' in the year 2021 and 2023 in the category of 2550 K population. A copy of the certificates is annexed herewith as Annexure R/2 86R/3. It is submitted that the answering Respondents have time and again tried to manage the waste and area of Rau, which have also been recognised by the State of M.P.

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The enactment of Solid Waste Management Rules, 2000, the Nagar Parishad Rau, being vigilant started requesting the concerned authorities to provide them with a dedicated land for the purpose of trenching wherein the waste can disposed off which is being generated in the area. In this regard, the Nagar Parisand Rau had also replied to the letter of M.P Pollution Control Board, Indore, dated 14/05/2003, wherein the answering Respondents had also informed that they had also prepared a draft of Rs.5,09,60,000/- vide letter no. 1354/01 dated 18/10/2001 and had requested for land allotment from the M.P Pollution Control Board, Indore

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With the efforts of the answering Respondent, the afore-mentioned land on Khasra No.807 tit, 808, could have been allotted for Trenching Ground, but an objection was filed. In the objection it was mentioned that near the proposed land there is already a Medical's International School and a hostel for handicapped students is to be constructed and therefore the afore-mentioned proposed land admeasuring 5 heel., on Khasra No,807 8.r, 808 was dropped off, as the same would have affected the students studying and residing over

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O A No.26/2024(CZ) Amit Kumar Panchal vs. CMO, Nagar Palika Parishad Rau,

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District- Indore & Ors.

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there. Thereafter again the answering Respondents

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approached the Tehsildar Rau for allotment of land on Ithasra No.807 Lir. 808 admeasuring 3 heel., out of total admeasuring 13.646 heel., for Trenching Ground. The Process for allotment of the land was carried on by the answering Respondents, Tehsildar Rau and the letters were exchanged by and between the departments, but eventually the said site situated at Khasra No.807 Lib 808 was not allotted to the answering Respondent for shifting of Trenching Ground on the said land and the same was dropped off in the year 2022.

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In lieu of the above communications, the answering Respondents also sent a letter no.lo.swa/715 dated 22/03/2024 to the Collector Indore to allot the land for trenching ground on Khasra No.155/1/2, as the current trenching ground does not have the capacity to hold the waste disposed collected from the area as the population is rapidly increasing and to handover the advance possession of the said land. as on date the process of allotment of a dedicated land is still pending. The concerned authorities mainly Collector Indore and M.P Pollution Control Board have always been informed about the problem and difficulties being faced by the answering Respondents and the need of a bigger land for shifting of the trenching ground but have failed to allot a dedicated land to the answering Respondents.

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The answering Respondents time to time rotate the wet waste and once the same is dried the same is also transported to the Cement Factories, so that the land can be cleared and no waste affects the people living or travelling nearby. It is submitted that the Trenching Ground is covered with boundaries and have one entrance, therefore no stray animals can enter the site, and if any enters, then they are sent away from the site. Before the monsoon season, the answering Respondents try that the

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O A No.26/2024(CZ) Amit Kumar Panchal vs. CMO, Nagar Palika Parishad Rau,

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District- Indore & Ors.

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dried wet waste is sent away to the Cement Factories so that the waste can be managed during the monsoons. Moreover, as on date a new land is identified for Trenching Ground and as soon as the same is allotted, the Trenching Ground shall be sifted to the new allotted land.

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It is submitted that even before the development of the household and residential societies, the Trenching Ground was operational on the site and even then they had permissions obtained by them for development of their Residence within 200 mtrs, of the Trenching Ground, which is a question in itself, and therefore the Town & Country Planning Department, Government of M.P., must be added as a party to the Instant Matter and the permissions of the colonies developed around the established Trenching Ground must be verified.

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As per Solid Waste Management Rules, Rule 3(7) buffer zone is defined as follows: "buffer zone means zone of no development to be maintained around solid waste processing and disposal facility, exceeding 5 TPD of installed capacity. This will be maintained within total land area allotted for the solid waste processing and disposal facility". It is submitted that the trenching ground at Rau receives around 12 to 14 TDP waste and therefore the Pollution Control has to publish guidelines to maintain buffer zone and to prevent construction activities in and around the area. Further as per Solid Waste Management Manual, Table 1.2 highlights Indicative Criteria for Selection of Appropriate Technology or Combination of Technologies-Technical Criteria, it is been specified that there shall be a Buffer Zone (No Development Zone) around the Waste Disposal Sites. As the questioned Trenching Ground at AB Road, Rau, receives 10-15 tons of Waste per day, therefore within 200 mtrs., of the trenching ground there shall be a `Buffer Zone".

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O A No.26/2024(CZ) Amit Kumar Panchal vs. CMO, Nagar Palika Parishad Rau, District- Indore & Ors.

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As per the Solid Waste Management Rules that there had to be a no buffer zone around the waste processing and disposal facility. However the Applicant has done a construction within the prohibited area. Later on the applicant has filed some photographs and submitted that the solid waste is lying in the allotted area and is not properly disposed according to rules. The contention of the Learned Counsel for the Nagar Nigam are that the area where the side is allocated was allocated before 40 years and the residential colonies have been developed and established at a very later stage. Thus, it was for the person of the residential area not to reside within a specified zone near the solid waste plant and if they choose to construct the house near that then they have to face the problems. Though the respondents are trying to comply the Solid Waste Management Rules and are disposing the solid waste according to rules. Solid Waste Management Table 1.2 indicates criteria for selection of appropriate technology or combination of technologies, technical criteria with buffer zone, no development zone around the waste disposal sites. As the questioned trenching ground at AB Road Rau receive 10-15 tons of waste per day therefore within 200 mtrs. of the trenching ground there shall be a buffer zone however, the residential colonies of the applicant have been developed within the area of 200 mrts. from the trenching ground, which is a clear violation of MSW Rules laid down in the manual. The contention of the respondents Nagar Nigam are that the persons constructing houses or violating the rules and once the area have been allotted for the MSW purposes before 40 years that cannot be changed for the reasons that the lands are very costly and not easily available.

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We have gone through the application where it has been mentioned by the applicant that he came there on the AB Road to reside in the month of June, 2023 while the trenching ground was established before 40

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O A No.26/2024(CZ) Amit Kumar Panchal vs. CMO, Nagar Palika Parishad Rau, District- Indore & Ors.

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years. Thus, in view of the aforementioned contentions at the time when the area was allotted for MSW purposes before 40 years there was no abadi near the ground. Due to increasing rate of population and constructed houses it is for the residents to choose the option either to construct the house near the trenching ground or solid waste disposal facility or to face the consequences. The purchase of land, allotment of land is a policy matter, which is to be decided by the Collector. However, the area was allotted for the purpose before 40 years and nothing have been shown with regard to violation of any rules with regard to allotment of site. Thus, we do not find proper to pass any order with regard to change of location or change of site because it is a policy matter which requires budget and allotment of land which is under consideration before the Collector. However, we direct the authorities concerned to expedite the matter and further direct to comply the provisions of Solid Waste Management Rules, 2016 and to dispose the solid waste according to rules.

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With these observations, the Original Application No. 26 of 2024 (CZ) stands disposed of.

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Sheo Kumar Singh, JM

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Dr. Afroz Ahmad, EM

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7^th November 2024 O. A. No.26/2024(CZ) K

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O A No.26/2024(CZ) Amit Kumar Panchal vs. CMO, Nagar Palika Parishad Rau,

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District- Indore & Ors.

Amit Kumar Panchal v. Cmo Nagar Palika Parishad Rau

Case brief

What is this about?

What did the court decide?

Amit Kumar Panchal v. Cmo Nagar Palika Parishad Rau

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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