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K.K.SASIDHARAN, J.

These two Writ Petitions are filed to restrain the Cumbum Municipality from putting up a micro compost centre by utilizing a portion of the park.

2. The challenge in W.P.No.20471 of 2018 is to the notification dated 24 August 2018 issued by Cumbum Municipality, calling for tenders for construction of micro compost centre. The petitioner in W.P.No.19552 of 2018 also challenges the very same notification dated 24 August 2018. The primary objection appears to be the conversion of a portion of the park for putting up the micro compost centre.

3. The Commissioner, Cumbum Municipality has filed a counter affidavit indicating that the municipality is collecting waste from door to door and segregating it as bio gradable and non bio-gradable. According to the local body, the State Government has taken a policy decision to set up micro processing centres in all the local bodies across the State. The Cumbum Municipality is one among the municipalities selected by the Government for implementing the micro compost project. The micro http://www.judis.nic.in compost centre is used for disposal of wastes and the biodegradable wastes would be used as raw material for manufacture of manure. The municipality contested the claim that the proposed land is a park. According to the Municipality, the total plots are only 342. The promoter has converted the common area into plots. The total park area is about 82.231 sq.ft. The Municipality is proposed to utilize only 4000 sq.ft. at the South-West corner of the park. In short, it is the contention of the municipality that only 4.86% of the total area is intended for construction of the micro compost yard, which is in larger public interest.

6. The petitioners have alleged that a park is sought to be converted as a micro compost centre. The counter affidavit filed by the municipality http://www.judis.nic.in clearly shows that only 4.86% of the park area is taken for putting up the micro compost yard. The total area of the park is stated to be about 82,231 sq.ft. The municipality proposes to utilize 4000 sq.ft. for putting up the micro compost centre.

7. The construction of the micro compost centre is in larger public interest. It would be of considerable advantage to the residents. In case the garbage is not treated and proper arrangements are not made for its disposal, it would result in health hazard to the local people.

8. The Municipal Solid Waste Management Rules 2016, mandates that ever local body must set up municipal solid waste disposal centres as well as micro compost facility. There is also an obligation to be carried out on the part of the residents to identify a suitable place for putting up the micro compost centre. The petitioners have not identified a suitable place for locating the micro compost centre. The municipality is not in possession of any other suitable land, and therefore a decision was taken to utilize 4.86% of the total area earmarked as a park to put up a micro compost yard. Since action was taken in larger public interest, it would not be correct on the part of this Court to direct the local body to discontinue the process and develop the entire area as a park. http://www.judis.nic.in