Madras High Court
Anbarasu vs The State Of Tamil Nadu on 17 September, 2019
Author: M.Sathyanarayanan
Bench: M.Sathyanarayanan
WP.No.24199 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 17.09.2019
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE N.SESHASAYEE
W.P.No.24199 of 2019 and
W.M.P.No.23974 of 2019
Anbarasu .. Petitioner
Versus
1.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Municipal Administration and Water Supply Department,
Secretariat,
Fort St.George,
Chennai - 600 009.
2.The Director,
Town Panchayat,
Kuralagam,
Chennai - 600 001.
3.The District Collector,
Vellore District,
Vellore.
4.The Tahsildhar,
Nemeli Taluk,
Vellore,
Vellore District.
1/11
http://www.judis.nic.in
WP.No.24199 of 2019
5.The Assistant Director,
Town Panchayat,
Vellore.
6.The Executive Officer,
Nemeli Town Panchayat,
Nemeli,
Vellore District.
7.The District Environmental Engineer,
Tamilnadu Pollution Control Board,
Vellore District,
Vellore. .. Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of India
praying for a writ of mandamus, forbearing the respondents from interfering
in any manner by way of establishing solid waste management plant and
putting up any garbage dumping yard in S.No.209/16 of Kaveripuram
Village, Karaikudal Panchayat Union, Vellore District, and consequently
directing the respondents herein to preserve the land as it is.
For Petitioner : Mr.Jothimanian
For Respondents : Mr.R.Udhayakumar,
Additional Government Pleader
for RR1 to 6
: Mr.C.Kasirajan for R7
2/11
http://www.judis.nic.in
WP.No.24199 of 2019
ORDER
[Order of the Court was made by M. SATHYANARAYANAN, J.] The writ petition is styled as a Public Interest Litigation. The petitioner is a resident of Kaveripuram Village, Nemeli Post, Vellore District and according to him, on 20.08.2019, the officials on behalf of the respondents 3 to 7, visited Kaveripuram Village and caused an inspection for the purpose of putting up 'Garbage Dumping Yard' by encroaching upon the land classified as Battai and cattle field land (“Meichal Poramboke”). The residents of the village, on coming to know of such fact, made up public demonstrations.
2.The grievance expressed by the petitioner is that the 'Garbage Dumping Yard' is sought to be located in utter violation and in non- compliance of Solid Waste (Management and Handling) Rules and that apart, a foul smell is bound to emanate and it may also lead to serious health and operational hazards. The petitioner, in this regard, has also submitted a representation dated 15.05.2019 to the 3rd respondent and despite receipt and acknowledgement, urgent steps are being taken to locate the said 'Garbage Dumping Yard' and therefore, the petitioner came forward to file this writ petition.
3/11 http://www.judis.nic.in WP.No.24199 of 2019
3.The writ petition was entertained and notices were ordered. Counter affidavit is filed on behalf of respondents 1 to 5 and it is sworn by the Assistant Director of Town Panchayats, Vellore Zone, Vellore. In the counter affidavit, it is averred among other things that the land comprised in S.No.209/16, Kaveripuram Village, Kariakudal Panchayat Union, Vellore District, admeasuring an extent of 0.56.5 Hectares, classified as Battai/Meichal Poromboke (Grazing Lands), belongs to the Government and there are two bore wells located inside the Kosasthalai River in Kaveripuram Village and the water from the bore wells is supplied only to two areas, viz., Kaveripuram and Kariyakudal and there are no bore wells in S.No.209/16.
4.It is further averred in the said counter affidavit that the 2nd respondent vide proceedings in Na.Ka.No.9788/2015/F4, dated 18.07.2016, had accorded administrative sanction for a sum of Rs.45.85 lakhs to the 6th respondent and it is for the purpose of purchasing Tri-Cycles, Public Places Bins, Garbage Collection Vehicles, Machineries, Forming of Manure Developing Places, Vermi-composing Sheds, Segregation Centres, Approach Roads, Resource Park, Compound Wall, Watchman Shed, Manure Store & Sales Room, Machineries Storage Rooms, allotment for providing Water Supply, Lighting and Toilet facility, Layers for Drying Facilities, developing Green Belt around the Compound Wall etc. and for 4/11 http://www.judis.nic.in WP.No.24199 of 2019 Information, Education & Communication Activities in order to ensure the segregation of waste by the public by conducting meetings with residents and shops owners, issuing pamphlets and thereby spreading awareness. The Executive Engineer of the Directorate of Town Panchayats had also accorded technical sanction vide proceedings in Na.Ka.No.9788/2015/F4 dated 26.07.2016.
5.The counter affidavit also deals with the issue raised by the petitioner as to the conversion of the land classified as Meichal Poromboke. In paragraph No.8, it is averred that the land admeasuring an extent of 1 acre and 16 cents from and out of the total extent of 25.23.5 Hectares in S.No.450/1, Velithangipuram Village, Panapakkam Firka, Nemelli Taluk, is to be used as Meichal Poromboke by converting the land classification, for which, the Animal Husbandry Department has also given no objection vide communication in Na.Ka.No.3446/B3/2016, dated 10.02.2018 and development charges had also been paid in terms of the communication of the 3rd respondent dated 23.02.2018.
6.It is also the specific case of the official respondents that no 'Garbage Dumping Yard' is being set up and the Solid Waste Management Rules, 2016, would be applied in letter and spirit and there will not be any 5/11 http://www.judis.nic.in WP.No.24199 of 2019 violation of the said Rules in Kaveripuram or its surrounding localities, as alleged by the petitioner. The respondents have also specifically denied the allegation that the land is going to be used as 'Garbage Dumping Yard'. It is also the stand of the official respondents that the Solid Waste Management Plant is only a material recovery facility or secondary storage facility or solid waste processing and disposal facility and with regard to the alternate land suggested, it is located 20 km away from the present site and in the event of shifting the location of the plant, the residents therein are also bound to raise the very same objections as that of the petitioner herein and therefore, pray for dismissal of this writ petition.
7.In response to the aforesaid averments, learned counsel for the petitioner would submit that, though in paragraph No.8 of the counter affidavit, it is averred that alternate land has been provided, it is yet to take place and once again, the learned counsel expressed an apprehension that in the event of solid waste management facilities not being operated properly, there is bound to be hardship in the form of foul smell and other health related issues and therefore, prayed for allowing of this writ petition.
8.This Court paid its best attention to the rival submissions and perused the materials placed before it.
6/11 http://www.judis.nic.in WP.No.24199 of 2019
9.This Court can take note of the fact that very many Public Interest Litigations are filed and the so called Public Interest Litigants virtually want this Court to run all and every aspect of administration and Government, but, the same is impermissible.
10.Now coming to the case on hand, it is the stand of the official respondents that the Solid Waste Management Rules, 2016, would be fully adhered. The respondents have also refuted the allegation that the place in question is going to be used as a 'Garbage Dumping Yard' and have taken a specific stand that the Solid Waste Management Plant is only a material recovery facility or secondary storage facility or solid waste processing and disposal facility and as per Section 15(y) of Solid Waste Management Rules, 2016, Form-I Authorization from the State Pollution Control Board or the Pollution Control Committee is required for setting up of waste processing treatment and disposal facilities, only if the volume exceeds 5 Metric Tons per day, whereas, the 6th respondent generates only 3 Metric Tons per day, out of which 1.8 Metric Tons/Day is recyclable and therefore, the chosen site is ideal in all aspects.
11.Mr.R.Udhayakumar, learned Additional Government Pleader appearing for the official respondents would submit that necessary steps 7/11 http://www.judis.nic.in WP.No.24199 of 2019 have already been taken and the machineries will be put to use in such a way, not to cause any kind of inconvenience or hardship to the residents in the locality. Further, in the event of operation of the said plant, the concerned officials are also under statutory obligations in fully complying with the Solid Waste Management Rules, 2016.
12.It is also the vehement submission of the learned counsel for the petitioner that, since there are alternate lands available about 20 km away from the present site, the same can be used. However the said stand is refuted by the learned Additional Government Pleader and he would submit that the residents therein would also raise the very same objections.
13.The Tamil Nadu Pollution Control Board, in their counter affidavit, have also took a stand that no clearance is necessary from the State Pollution Control Board or the Pollution Control Committee, as the solid waste generated is less then 5 Metric Tons per day.
14.This Court has also judicially noticed very many times to the effect that generally, people lack civic sense and no scientific segregation of solid waste is being done and tons and tons of garbage are generated every day without proper treatment and the only solution is to establish Plants, which 8/11 http://www.judis.nic.in WP.No.24199 of 2019 could treat and process the solid waste on its disposal. Of course, the concerned officials shall ensure that the Solid Waste Management Rules, 2016 are fully adhered to.
15.In the light of the stand taken by official respondents 1 to 5 in their counter affidavit dated 30.08.2019, and also the reasons assigned therein, this Court is unable to come to the aid of the petitioner. Therefore, this writ petition is dismissed. Consequently, connected Miscellaneous Petition is closed. However, considering the circumstances of the case, there shall be no order as to costs.
16.The 6th respondent shall file a status report, along with supporting documents and photographs as to the management of the Solid Waste Management Facility, to be or being established, in compliance with the Solid Waste Management Rules, 2016, on 17.10.2019.
Call on 17.10.2019 under the caption “For reporting compliance”.
[MSNJ] [NSSJ]
17.09.2019
Internet : Yes
Speaking Order
mkn/tsg
9/11
http://www.judis.nic.in
WP.No.24199 of 2019
To
1.The Principal Secretary to Government,
State of Tamil Nadu,
Municipal Administration and Water Supply Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The Director, Town Panchayat, Kuralagam, Chennai - 600 001.
3.The District Collector, Vellore District, Vellore.
4.The Tahsildhar, Nemeli Taluk, Vellore, Vellore District.
5.The Assistant Director, Town Panchayat, Vellore.
6.The Executive Officer, Nemeli Town Panchayat, Nemeli, Vellore District.
7.The District Environmental Engineer, Tamilnadu Pollution Control Board, Vellore District, Vellore.
10/11 http://www.judis.nic.in WP.No.24199 of 2019 M. SATHYANARAYANAN, J., AND N. SESHASAYEE, J., mkn/tsg W.P.No.24199 of 2019 and W.M.P.No.23974 of 2019 (For reporting compliance on 17.10.2019) 17.09.2019 11/11 http://www.judis.nic.in