Madras High Court
V. Marimuthu vs The District Collector on 18 March, 2019
Author: K.K. Sasidharan
Bench: K.K. Sasidharan, P.D. Audikesavalu
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 01.02.2019
Pronounced on : 18.03.2019
CORAM:
THE HONOURABLE MR. JUSTICE K.K. SASIDHARAN
and
THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. (MD) Nos. 22362 of 2017 and 14057 of 2018
and
W.M.P. (MD) Nos. 18667 of 2017 and 12744 of 2018
W.P. (MD) No. 22362 of 2017:-
V. Marimuthu ... Petitioner
-vs-
1. The District Collector,
Trichy District,
Trichy.
2. The Commissioner,
Trichy Corporation,
Trichy.
3. The Executive Engineer,
Trichy Corporation,
Trichy.
4. The Executive Engineer,
Trichy Division,
Tamil Nadu Housing Board,
Trichy.
5. The District Environmental Engineer,
Tamil Nadu Pollution Control Board,
25, SIDCO Development Plots,
Thuvakudi,
Trichy – 15.
http://www.judis.nic.in
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6. M.S. Mohamed Nymudeen ... Respondents
(R6 is impleaded vide Court order
dated 10.01.2018 in W.M.P. (MD) No. 367 of 2018)
PRAYER:- Petition filed under Article 226 of the Constitution of India, 1950,
praying to issue a Writ of Mandamus, forbearing the Second and Third
Respondents from installing or opening the Bio Fertilizer Unit in the land
situated in Old Survey No. 77, Shenkulam Village and at present T.S. No.
130, AC Ward, Block No. 1, Corporation Ward, 43, Ponmalai Zone, Trichy
based upon the representation given by the Petitioner dated 22.11.2017.
For Petitioner : Mr. C. Jeyaprakash
For Respondents : Mr. K. Chellapandian,
Additional Advocate General
assisted by Mr. N. Shanmugaselvan,
Additional Government Pleader
(for R1)
Mr. N.S. Karthikeyan,
Standing Counsel (for R2 and R3)
Mr. V. Sivaramalingam (for R4)
Mr. M. Murugan,
Government Advocate (for R5)
Mr. S. Vinod Sathya Lazar (for R6)
W.P. (MD) No. 14057 of 2018:-
T.N. Raman ... Petitioner
-vs-
1. The Secretary,
Department of Ayush,
Ministry of Health and Welfare,
Government of India,
Red Cross Building, Red Cross Road,
New Delhi – 110 001.
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2. The Secretary,
Department of Health and Social Welfare,
Secretariat,
Fort St. George,
Chennai – 600 009.
3. The District Collector,
Trichy District,
Trichy.
4. The Commissioner,
Trichy Corporation,
Trichy.
5. The Commissioner,
Ponmalai Branch,
Trichy Corporation,
Trichy
6. The Executive Engineer,
Trichy Division,
Tamil Nadu Housing Board,
Trichy.
7. The District Environmental Engineer,
Tamil Nadu Pollution Control Board,
25, SIDCO Development Plots,
Thuvakudi,
Trichy – 15. ... Respondents
PRAYER:- Petition filed under Article 226 of the Constitution of India, 1950,
praying to issue a Writ of Mandamus, directing the Fourth and Fifth
Respondents to vacate the Bio Fertilizer Procuring and Processing Unit
comprised in T.S. No. 130, Ward No. 43 situated at N.M.K. Colony, Senkulam
Village, Trichy Corporation, Ponmalai Zone, Trichy and shift the Bio
Fertilizer Procuring and Processing Unit comprised in T.S. No. 130, Ward
No. 43 situated at N.M.K. Colony, Senkulam Village, Trichy Corporation,
Ponmalai Zone, Trichy.
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For Petitioner : Mr. S. Sivakumar
For Respondents : Mr. K. Chellapandian,
Additional Advocate General
assisted by Mr. N. Shanmugaselvan,
Special Government Pleader
(for R3)
Mr. N.S. Karthikeyan (for R4)
Mr. V. Sivaramalingam (for R6)
Mr. M. Murugan,
Government Advocate (for R7)
ORDER
(Order of the Court was made by P.D. AUDIKESAVALU, J.) The Petitioners, who are the residents of Tiruchirappalli, in these Public Interest Litigations oppose the construction of the Bio Fertilizer Procuring and Processing Unit comprised in T.S. No. 130, of Senkulam Village in Ward No. 43 of Tiruchirappalli Corporation complaining that it was causing air pollution and serious health hazards to the residents in the neighborhood and have sought for the intervention of this Court in the matter.
2. We have heard the respective Counsel for the Petitioners and the Respondents and perused the materials placed on record, apart from the pleadings of the parties.
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3. The Writ Petitions were contested by the Learned Counsel for the Respondents by highlighting that it was in furtherance to the Scheme formulated by the Central Government under the Solid Waste Management Rules, 2016, that it had been decided by the Tiruchirappalli Corporation that instead of dumping the daily collected waste in a single plant or land fill site, the same should be disposed within the respective wards of the local body by adopting advanced technologies by opening a number of solid waste handling facilities called micro-compost plant so that such waste generated can be re- used in the respective areas. It is explained that due to rapid urbanization, there is scarcity of place in Tiruchirappalli Corporation limits and with great difficulty, a small portion of a larger extent of land belonging to the Tiruchirappalli Corporation that had been earmarked for 'park' has been identified for locating the micro-compost plant, for which the Petitioner cannot take any exception. Reliance is placed on the decision of the Division Bench of this Court in M.G.M. Nagar Nala Munnetra Sangam -vs- Commissioner (Order dated 11.12.2018 in W.P. No. 12779) in which a similar contention that the place earmarked by local body for maintaining a 'park' could not be used for any other purpose has been rejected. It is also highlighted that it would be meaningless to shift the micro-compost plant to some other distant place as it would not serve the very purpose of establishing the same if it was far away from the place where waste http://www.judis.nic.in 6 generated had to be collected and disposed in a scientific manner. It is further added that the micro-compost plant has become functional during the pendency of these Writ Petitions.
4. Having due regard to the aforesaid rival submissions, we had sought for a report from the District Environmental Engineer, Tamil Nadu Pollution Control Board, Tiruchirappalli in respect of the aforesaid micro-compost plant and after inspection, a report dated 02.01.2019 has been filed, in which it has been stated as follows:-
"Trichy Corporation Sengulam Colony Micro Compost Centre - Ward No - 43, Golden Rock Zone
1. Micro Compost Centre (MCC) is provided with 14 tanks of dimensions 3.4 m x 1.5 m x 0.80 m each.
2. The Micro Compost Centre (MCC) is only partially covered.
3. Shredding machine provided.
4. The MCC is surrounded by the following topography:
i. North - Sewage Collection sump, Residents, ii. South - Residents iii. East - Residents, School iv. West - Residents, Housing Colony, Residents
5. Municipal solid wastes from Ward No. 34 and 33 are http://www.judis.nic.in 7 collected and segregated at the source as dry, wet and inert waste. Total waste collected are brought to the facility.
6. Only wet waste are then subject to grinding and the grounded waste are processed in the compost tank constructed for the composting process. The manure thus produced is distributed to the farmers for free of cost.
7. The dry waste such as paper, plastics, metals, and bottle etc., segregated at the source is sold to the recyclers.
8. The inert wastes which are not biodegradable and recyclable are sent to the cement factories.
9. The unit has constructed a leach pit for collection of leachate to be generated from compost process.
10. The MCC was in operation from 21.01.2018.
It is respectfully submitted that the Rule No. 15(y) of the Solid Waste Management Rules, 2016, states that setting up waste processing, treatment or disposal facility, if the volume of waste is exceeding five metric tons per day including sanitary landfills it is necessary to obtain Authorization from the respective State Pollution Control Board or the Pollution Control Committee, as the case may be.
http://www.judis.nic.in 8 During inspection, it was noticed that total municipal solid wastes collected are brought to the facility (dry, wet and inert waste). Further on perusal of recent records of four months it was ascertained that maximum solid waste received was found to be 7.750 MT. (Wet waste - 3.353 Tons, Dry waste - 1.57 Tons, Reject - 2.827 Tons).
Since the said Micro Composting facility is processing more than 5 tons/day. Authorization from Tamilnadu Pollution Control Board is required.
Hence as per Municipal Solid Waste Management Rules, 2016, the unit has to obtain Authorization and Consent for its operation under Water Act & Air Act from Tamilnadu Pollution Control Board.
The above micro compost plant is located very nearer (less than 5m) to the residential buildings and composting activity causing nuisance to the nearby public due to bad smell and flies. During inspection also it was found that bad smell and flies nuisance is not tolerable. Further plastics and other wastes were stored in the tanks used for composting. During inspection, nearby public complaint about the bad smell and flied nuisance to them and requested to change the micro compost plant to some other place."
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5. It is evident from the aforesaid report that the micro-compost plant has been generating more than five metric tonnes per day and that the necessary authorization from the State Pollution Control Board under Rule 15(y) of the Solid Waste Management Rules, 2016, has not been obtained. The said report also highlights that it has been found during inspection that the micro-compost plant had not been maintained in hygienic conditions and it has created severe health hazards to the residents of the locality.
6. In that view of the matter, we are constrained to direct the closure of the micro-compost plant in T.S. No. 130, of Senkulam Village in Ward No. 43 of Tiruchirappalli Corporation, which is the subject matter of the Writ Petitions till necessary authorization as required under Rule 15(y) of the Solid Waste Management Rules, 2016, is obtained from the State Pollution Control Board and all other statutory requirements for ensuring hygienic maintenance of the same are complied with. Though several other contentions are also been raised by the Petitioners in support of the relief claimed, we have not examined the same as we have directed the closure of the micro-compost plant for the statutory violation till those requirements are complied and as such, the Petitioners are at liberty to agitate in that regard if cause of action for the same arises in future. http://www.judis.nic.in 10
7. Accordingly, the Writ Petitions are allowed on the aforesaid terms. No costs. Consequently, the connected Miscellaneous Petitions are closed.
(K.K. SASIDHARAN, J.) (P.D. AUDIKESAVALU, J.)
18.03.2019
vjt
Index : Yes
Note: Issue order copy by 20.03.2019.
To
1. The District Collector,
Trichy District,
Trichy.
2. The Commissioner,
Trichy Corporation,
Trichy.
3. The Executive Engineer,
Trichy Corporation,
Trichy.
4. The Executive Engineer,
Trichy Division,
Tamil Nadu Housing Board,
Trichy.
5. The District Environmental Engineer, Tamil Nadu Pollution Control Board, 25, SIDCO Development Plots, Thuvakudi, Trichy – 15.
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6. The Secretary to the Government of India, Department of Ayush, Ministry of Health and Welfare, Red Cross Building, Red Cross Road, New Delhi – 110 001.
7. The Secretary to the Government of Tamil Nadu, Department of Health and Social Welfare, Secretariat, Fort St. George, Chennai – 600 009.
8. The Commissioner, Ponmalai Branch, Trichy Corporation, Trichy http://www.judis.nic.in 12 K.K. SASIDHARAN, J.
and P.D. AUDIKESAVALU, J.
vjt W.P. (MD) Nos. 22362 of 2017 and 14057 of 2018 Reserved on : 01.02.2019 Pronounced on : 18.03.2019 http://www.judis.nic.in