Amravati Municipal Corporation vs Ganesh Dadarao Anasane on 11 November, 2025

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Supreme Court - Daily Orders

Amravati Municipal Corporation vs Ganesh Dadarao Anasane on 11 November, 2025

Author: Pamidighantam Sri Narasimha

Bench: Pamidighantam Sri Narasimha

                                                       1

     ITEM NO.6                              COURT NO.7                 SECTION XVII

                                S U P R E M E C O U R T O F         I N D I A
                                        RECORD OF PROCEEDINGS

                                       Civil Appeal   No(s).   4020/2020

     AMRAVATI MUNICIPAL CORPORATION                                        Appellant(s)

                                                      VERSUS

     GANESH              DADARAO   ANASANE & ORS.                          Respondent(s)

     IA No. 47064/2023 - APPLICATION FOR PERMISSION
     IA No. 117825/2021 - EARLY HEARING APPLICATION
     IA No. 112360/2021 - EARLY HEARING APPLICATION
     IA No. 129690/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT

IA No. 35947/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 46920/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 254815/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 129692/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 123490/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 6975/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 177796/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 109518/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 129691/2020 - STAY APPLICATION Date : 11-11-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE ATUL S. CHANDURKAR Amicus Curiae : Ms. Shibani Ghosh, AOR For Appellant(s) : Mr. Nikhil Nayyar, Sr. Adv.

Mr. Sangram Singh Bhosale, Adv.

Mr. Nrupal A Digankar, Adv.

Signature Not Verified

Ms. Pushkara A Bhosale, Adv.

Digitally signed by

Jayant Kumar Arora Date: 2025.11.15 Ms. Anshula Vijay Kumar Grover, AOR 14:34:54 IST Reason:

For Respondent(s) : Respondent-in-person 2 Ms. Archana Pathak Dave, ASG Mr. Vaibhav Dwivedi, Adv.

(AOR’s name is not mentioned in the appearance) Mr. Omkar Deshpande, Adv.

Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Shrirang B. Varma, Adv.

Mr. Mukesh Verma, Adv.

Mr. Pawan Kumar Shukla, Adv.

Ms. Vatsala Tripathi, Adv.

Mr. Kamal Kumar Pandey, Adv.

Mr. Shashank Singh, AOR UPON hearing the counsel the Court made the following O R D E R

1. Ms. Archana Pathak Dave, learned Additional Solicitor General, appears for the Union of India and the Advocate-on-Record of Central Agency Section, accepts notice.

2. Ms. Shibani Ghose, learned Amicus Curiae, has filed a Note, which is taken on record. As prayed for, reply to the said Note is permitted to be filed within three weeks.

3. In compliance of order and directions dated 07.10.2025, the Commissioner, Amravati Municipal Corporation has filed an affidavit dated 03.11.2025 with respect to the treatment of Legacy Waste.

The relevant portion of the affidavit is reproduced as under :-

“III. This Hon'ble Court, vide the Order dated 07.10.2025 also directed the Appellant Corporation to indicate the time within which the entire work of remediation of Legacy Waste will be completed. In terms thereof, it is submitted that considering the process of issuance of the tender to the new contractor for the remediation is completed as anticipated and considering that 3 no natural calamity affects the parts of the jurisdiction of the Appellant Corporation, the entire work of bio-remediation of Legacy Waste would be completed on or before May, 2027.

By way of abundant caution, the Appellant Corporation would like to indicate that the Local Body Elections within the State of Maharashtra are expected to be declared at any time, which would impliedly bind the Appellant Corporation to follow the Code of Conduct and the hands of the Appellant Corporation would be tied, to issue or continue further process for issuance of tender.”

4. The affidavit is also indicative of the expected delay, which could be caused due to local body elections in the State.

5. Irrespective of the elections, the obligation to remedy legacy waste rests squarely on the Corporation on the basis of Environment (Protection) Act, 1986 coupled with the regulations formulated under the Solid Waste Management Rules, 2016. In this view of the matter, we direct that remediation process of the legacy waste shall commence immediately.

6. We further direct the State Pollution Control Board [in short, “the Board”] to monitor the work and ensure that it is completed by May, 2027. The Board is also directed file affidavit(s) indicating the progress of the work once in every three months, meaning thereby, the first Report will be filed by the end of February, 2026. The affidavit to be filed by the Board shall indicate the 4 following :-

a) The extent to which the present and contemporary Municipal Solid Waste is treated;

b) Whether there are sufficient facilities to treat the entirety of the solid waste generated month by month;

7. Re-list the matter in the month of March, 2026 for consideration of the following :-

a) Compliance of the present order;

b) To take note of the affidavit to be filed by the Board.

c) To consider the principals for determining compensation.

8. Interim order shall continue in the meantime.

 (JAYANT KUMAR ARORA)                               (NIDHI WASON)
ASTT. REGISTRAR-cum-PS                           ASSISTANT REGISTRAR

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