Rajasthan High Court - Jodhpur
Urn: Cw / 13125U / 2022Musharaff Ali vs State Of Rajasthan ... on 12 May, 2026
Bench: Pushpendra Singh Bhati, Nupur Bhati
[2026:RJ-JD:22636-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 6384/2022
1. Musharaff Ali S/o Hanif, aged about 32 Years.
2. Salim S/o Sahabdeen, aged about 40 Years.
3. Shoukin S/o Noor Mohd., aged about 32 Years.
4. Sultandeen S/o Sher Mohd., aged about 50 Years.
(All are residents of Ward No.37, Nohar, District
Hanumangarh.)
----Petitioners
Versus
1. State Of Rajasthan, through the Principal Secretary, Local
Self Department, Government Of Rajasthan, Jaipur.
2. The District Collector, Hanumangarh.
3. Municipal Board, Nohar, through its Executive Officer.
----Respondents
For Petitioner(s) : Mr. Manoj Kumar Pareek
For Respondent(s) : Mr. Ayush Gehlot for
Mr. Rajesh Panwar, Sr. Adv. & AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE DR. JUSTICE NUPUR BHATI Order 12/05/2026
1. The instant writ petition, instituted in the nature of a Public Interest Litigation, has been preferred by the petitioners under Rule 385-A of the Rajasthan High Court Rules, 1952 read with Article 226 of the Constitution of India, seeking following reliefs:-
"(A) This Public Interest Litigation may kindly be allowed and by a writ, order or direction, the respondents may be directed to get Ward No. 37 of Nohar Town cleaned and action may be taken for dumping of garbage, filth and dead animals at a place other than Ward No. 37 of Nohar Town.
(Uploaded on 14/05/2026 at 01:21:43 PM) (Downloaded on 14/05/2026 at 04:38:45 PM) [2026:RJ-JD:22636-DB] (2 of 3) [CW-6384/2022] (B) The respondents be further directed to take sufficient measures and ensure that dead animals are not dropped in Ward No. 37.
(C) any other writ or direction that may be deemed fit, just and proper in the facts and circumstances of the case may kindly be issued in favour of the petitioners. (D) Costs may kindly be awarded."
2. Learned counsel for the petitioners submits that solid waste generated within the Nohra Town is being collected and disposed of at Khasra No.204, which is causing serious hygiene and environmental issues for the residents of the adjoining areas. It is further submitted that despite repeated assurances, the respondents have neither identified an alternate site nor complied with the provisions of the Solid Waste Management Rules, 2016 and the prescribed standards for disposal of the waste in question.
3. Learned counsel appearing for the respondents, relying upon the reply filed, submits that the solid waste generated within Nohar Town, is presently being collected and disposed of at Khasra No.204, which is a municipal owned land earmarked as a dumping yard under the Master Plan. He further submits that in view of objections raised regarding disposal of waste at the said site, alternative arrangements are now being developed. The Municipal Board has identified an alternative and suitable parcel of land situated at Dhani Charnanan, comprising of Khasra Nos.79 and 843, admeasuring 11.19 bighas in total, which has been reserved exclusively for the purpose of solid waste management. 3.1. It is further submitted that processing and disposal of approximately 32,857 cubic meters of legacy waste accumulated within the municipal limits is being undertaken in accordance with the Solid Waste Management Rules, 2016 and the standards (Uploaded on 14/05/2026 at 01:21:43 PM) (Downloaded on 14/05/2026 at 04:38:45 PM) [2026:RJ-JD:22636-DB] (3 of 3) [CW-6384/2022] prescribed thereunder. It is also submitted that the Waste Processing Plant at the newly identified site, i.e., Dhani Charnanan, comprising Khasra Nos.79 and 843, is in the process of establishment and is likely to be completed by December, 2026.
4. Heard learned counsel for the parties and perused the material available on record.
5. From the submissions made by learned for the respondents, this Court notes that Ward No.37 is situated near Khasra No.204, which is presently being used for disposal of solid waste generated in Nohar Town. It has been assured by learned counsel for the respondents that no dead animals are being disposed of near Ward No.37 or at Khasra No.204. It has further been assured that the alternate site comprising of Khasra Nos.79 and 843, admeasuring 11.19 bighas, has already been approved and the necessary work has commenced, which is likely to be completed by December, 2026 strictly in accordance with the applicable rules, enabling the municipality for remedial disposal of solid waste appropriately at the said site upon its completion.
6. In view of the assurances and submissions made by learned counsel for the respondents, no further adjudication in the present PIL is called for.
7. Accordingly, the instant writ (PIL) petition is disposed of with a direction to the respondents to adhere to the submissions and assurances made before this Court.
(DR. NUPUR BHATI),J (DR. PUSHPENDRA SINGH BHATI),J 10-Nirmala/-
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