Document Fragment View

Matching Fragments

16. The learned Standing Counsel for the fourth respondent/ Municipality, by referring to the Municipal Solid Waste Management Rules, 2016, proceeds to point out that it is required for the Local Body to set up municipal solid waste handling facility as well as micro composting facility. The micro composting facilities are to be set up within a small geographical area, so that the highly bio degradable wastes such as vegetables, fruits, food waste can be reused by means of micro composting where the end product namely manure can be effectively used for gardening and also for agriculture. The other bio degradable waste will be handled separately for reuse and recycling, which is already segregated at source by way of primary collection and there will not be any dumped garbage in the site.

18. The primary collection of the solid waste for transportation to the micro compost plant will be by means of non polluting electric vehicles. The waste collected from the surrounding area will be brought to the composting facility and it will be immediately put into the composting process and there will not be any odour or insects from the waste. There will not be any dumping or accumulation of waste apprehended by the petitioner.

19. The total area available as a park site, according to the fourth respondent, measures an extent of 1.01 acres or 44,403 sq.ft. The micro compost yard is only of an extent of 1,500 sq.ft., which is less than 3% of the total area. Further, over the rest of the park site, the fourth respondent/ Municipality had already undertaken the development of the park with compound wall, walking path, green cover, children's play equipment. In short, the micro composting facility is to occupy only meagre portion of the playground. The micro composting facility will consist of public convenience for the residents as well as the workers engaged in the composting facilities to prevent any open defecation in the area. Apart from that, there will be a small storage room for the safe storage of the packaged manure before disposal.

20. The learned Standing Counsel for the fourth respondent/ Municipality lastly submits that after successful completion of the micro composting centre, the dumped waste in the open ground will not be accepted and only segregated bio degradable waste will be taken to the micro compost centre and it will be processed with proper scientific technology and disposed. There will not be any dumping or accumulation of the waste. Further, the project undertaken at present is identical to that of the micro compost plants undertaken in Pammal Municipality, which was the subject matter of W.P.No.26581 of 2017 and the said writ petition was rejected by this Court by order dated 22.1.2018. The construction work has already been fully completed even before filing of the present writ petition and as on date, only the establishment of the attendant structures of the compost pits and processing shed is to be completed.

22. In view of the above and taking into account the submissions of the 1st respondent/ Municipality that the Micro Compost Yard, that is to be set up in the Playground in question, will be neatly maintained without any pollution and that only a meagre portion of the Playground is required for setting up of Micro Compost Yard, this Court finds no reason to interfere with the impugned tender notice published by the 1st respondent/Municipality.
23. It is made clear that if the Micro Compost Yard that is to be set up in the Playground in question is not maintained properly, the officials, who are in-charge of that place during the relevant period shall be dismissed from service, on the ground that the Officer has failed to maintain absolute integrity, devotion to duty and that he has done the work of unbecoming of a member of his service."