Document Fragment View

Matching Fragments

3. The writ petition was entertained on 07.06.2019 and in the light of the fact that no play ground was maintained for the benefit of the children, this Court has granted interim orders.

4. The learned Counsel appearing for the petitioner would submit that this Court can also take judicial notice to the fact that once solid waste management facility is established, the concerned http://www.judis.nic.in official respondents are not in a habit of maintaining it properly and the place is reserved for public purpose and it should not be used for any other purpose and the third respondent is not entitled to put up the solid waste management facility in that place and hence, prays for allowing of the writ petition.

5. Per contra, the learned Counsel appearing for the third respondent would submit that out of 50050 sqfts in the land reserved for public purpose, the solid waste management facility is going to be put up in the land corner opposite to the area reserved for park and play ground and also assures that the solid waste management rules would be strictly implemented and there will not be any emanation of foul smell and there will not be any health hazardous to the residents of the said locality also.

9. Admittedly, the solid waste management facility is purely for public purposes and this Court can also take judicial notice of the fact that the citizen of this Country generally lack awareness, as to the civic sense and though laws are in place, as to the unnecessary dumping of garbage in public use, the said laws are hardly use. The generation of garbage is increased day by day and the only solution as on today appears to be is the solid waste management facility.

10. In the light of the undertaking and assurance given by the third respondent, on instructions and also in the light of the memo dated 25.06.2019, this Court is of the considered view that the third respondent be permitted to put up the solid waste management facility.

http://www.judis.nic.in

11. In the result, this Writ Petition is dismissed, subject to the conditions that the solid waste management facility put up by the third respondent shall be in strict compliance to the relevant norms and rules, including the Solid Waste Management Rules and on account of the construction of solid waste management facility, there shall not be any health hazardous, which including the emanation of foul smell to the residents of that locality. The third respondent is also under obligation to maintain the solid waste management facility in a neat, tidy and sanitary condition. The third respondent is also directed to file status report with supporting documents as to the operation and maintenance of solid waste management facility. No costs. Interim order already granted shall stand vacated. Consequently, the connected Miscellaneous Petitions are dismissed.