Orissa High Court
WP(C)/427/2020 on 26 February, 2020
Author: D. Dash
Bench: D. Dash
W.P. (C) NO.427 OF 2020
05. 26.02.2020 These four petitioners by filing this writ application
have prayed for a direction to the Executive Officer, Notified
Area Council, Udala (opposite party no.5) not to make the
construction of the Micro Compost Plant over the land
under Khata no. 170 in Plot no. 105,109,110 and 101/844
of mouza - Unit 9 of the said Notified Area Council (NAC).
2. Facts as pleaded by the petitioners are that-
On 13.09.2019, the opposite party no.5 published
notice for construction of 5 TDP Capacity of Micro
Composting Centre at Udala NAC at the estimated cost of
Rs.46,26,547/- excluding GST under Annexure-1.
On 21.09.2019, 'e' Procurement Notice had been
published for construction of the boundary wall for the
Micro Compost Plant at ward no.11 under Udala NAC
under Annexure-2.
It is stated that it came as a surprise to the
petitioners and other inhabitants of ward no.8 and 9 of the
NAC, when they come to learn that the opposite party no.5
took initiative to construct said Micro Composite Plant at
ward no.9 of the NAC which is adjacent to the house of the
petitioners. Thereafter despite several approach by the
petitioners to the Authorities not to go ahead for
construction of said Micro Compost Plant at Ward no.11,
there came no response.
It is their case that although in the year 2015, a
general proclamation was issued by the opposite party no.4
as to conversion of land under Khata no.170 vide plot no
105,109,110 and 101/844 in mouza- Unit 9 of the NAC
(where now the Micro Compost Plant is going to be
constructed) for the purpose of establishment of the
slaughter house of the NAC, that was not given effect to.
The challenge to that action of the NAC as to
construction of the Micro Compost Plant over the land is
violation of Chapter I of Solid Waste Management Rules,
2016 further citing the reasons by said construction, the
petitioner and others would be deprived of their living in a
safe and hygienic condition and that said construction
would invite potential risk to the health and life of the
petitioners as well as the children studying in the school. It
is also stated that such Micro Compost Plant would create
pollution of the environment and unhygienic conditions of
living for the people of the area.
3. The opposite party no.5, in its counter, has stated
that the site where the Micro Compost Plant is proposed to
be constructed is at a distance of about one kilometer from
the residential area of the petitioners. It is stated that
although in the year 2010, one site had been selected as
land fill site and compost pit under Municipal Solid Waste
Management but on die verification, it was found not
sufficient for the construction of Micro Composting Centre
in terms of Rule 12(a) of the Solid Waste Management
Rules, 2016 as well as Clause 4 of the standard operating
procedure for decentralized Solid Waste Management
issued by the Govt. of Odisha.
It is stated that though there was a tender for
construction of the boundary wall for the Micro Compost
Plant on the land at ward no.11, yet as on field enquiry, the
Junior Engineer reported the site to be insufficient, a
meeting being held on 16.12.2019 under the Chairmanship
of Sub Collector, Kaptipada at Udala which had been
attended by the Tahsildars, of all the four Tahasils under
the Sub-division, the new site was selected where earlier it
was decided to construct the slaughter house and
accordingly, Tahasildar Udala was directed to take follow
up action for dereservation. The Tahasildar having made
the field enquiry and necessary verification has also arrived
at a satisfaction as to the suitability of that land under unit
9 for construction of that Micro Compost Plant.
It is stated that the present site has been selected
keeping in view the provisions of Solid Waste Management
Rules, 2016 as also the direction of the National Green
Tribunal, New Delhi and adhering to the standard
operation procedure issued by the Govt. of Odisha and as
the deadline fixed by the National Green Tribunal is already
over, it has been badly the need and the State Government
has been pressing hard for completion of the said work.
The case of the opposite party no.5 is that the details
of the landfill site criteria is not applicable in the present
case as it relates to construction of Micro Compost Centre
which is used for the purpose of processing the Municipal
Waste on Micro Process in both dry and wet, to control the
pollution and produce compost from wet waste useful for
agriculture.
It is stated the Collector of Mayurbhanj and Sub-
collector, Udala after due consideration of the grievance of
the inhabitants of ward no.8 and 9 having arrived at a
satisfaction that the construction of the Micro Compost
Plant at the site would have no such impact on the
environment of the area and healthy and hygienic living of
the persons would in no way be affected have taken the
decision.
4. The opposite party no 2 to 4 in their counter have
averred that in reply to the averments made in para-9 of
the writ petition, it is humbly submitted that although
general proclamation had been published for conversion of
disputed land vide D.R. Case No. 2/15 for the purpose of
Slaughter House, but, as already stated in para-4 of this
affidavit, subsequently the NAC vide its letter dated
16.11.2019 requested the Tahasildar to alienate the said
land to the NAC for the purpose of construction of Micro
Compost Centre.
5. Learned Counsel for the petitioners, inviting the
attention of the Court to the provisions of clause (f) of sub-
rule-1 to rule 11 and rule 12 of the Solid Waste
Management Rules, 2016 submits that adhering to said
provisions, the decision having not been taken, and
without taking into account the grievances of the
petitioners and others when the decision has been taken, it
be set at naught.
Learned counsel for the opposite party no.5
submits that here when the land in question had
been selected by the Site Selection Committee for
having the Slaughtering House over there, now
when after lapse of time and as per the need of
the house, in view of the direction of the National
Green Tribunal as also the State Government, it
has been decided in the meeting held under the
Chairmanship of the Sub-Collector of the sub-
division keeping the public interest as paramount
consideration for establishment of Micro Compost
Plant whose activities would be carried out
without causing any pollution to the environment
of the locality and by maintaining the hygienic
condition, the objection of these petitioners to the
said decision has no foundation.
Learned counsel for the State, reiterating
the submission of the learned counsel for the
opposite party no.5, further submits that the
Collector of the District of Mayurbhanj having
taken the views of the Sub-Collector of Udala and
other local officials and upon consideration of the
grievance of the inhabitants of Ward Nos.8 and 9
of the NAC, has also rightly arrived at a
satisfaction that the site is idle for establishment
of Micro Compost Plant.
Keeping in view the submissions made,
the document annexed to the writ application as
also the respective counters filed by the opposite
parties 2 to 4 and 5 being carefully gone through,
it is seen that site on earlier occasion had been
selected for construction of the Slaughtering
House of the NAC by following the process of
dereservation. Now, a sub-divisional Committee
headed by the sub-Collector with other officials of
the sub-Division in the change circumstance, has
found the site to be idle for establishment of Micro
Compost Plant by following process of law. It is
also seen that in arriving at such decision, the
impact on the environment on the area and the
healthy and hygienic living of the persons of the
locality have been taken into account. The
activities of the Micro Compost Plant would be
carried out within the area being enclosed by the
boundary wall.
The provision of Clause (f) of sub-rule 1
of rule 11 and 12(a) of the Solid Waste
Management Rules, 2016, as have been pressed
into service from the side of the petitioners,
having gone through, it is found to have no such
nexus with the objections raised from the side of
the petitioners at this point of time.
In view of all the aforesaid, this Court
finds no such reason or justification to entertain
the writ application with the prayer as advanced
therein.
The application is accordingly dismissed.
The interim order dated 09.01.2020
passed in I.A. No.183 of 2020 stands vacated.
..........................
D. Dash, J.
Basu