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2007 DIGILAW 19 (MAD)

K. Shanmugam v. The District Collector, Erode District, Erode & Others

2007-01-02

A.P.SHAH, CHANDRU

body2007
Judgment :- K. CHANDRU, J. This writ petition once again shows the plight of the Municipalities, who are unable to find any location for dumping the solid waste within a Municipal limit and finding a location in one of the neighbouring village and the same is being questioned by the residents of the said village. Similar issue has come before this Court in respect of the location of dumping yard by the Tambaram, Pallavaram and Alandur Municipalities (W.P.No.23478 of 2006) at Vengadamangalam eri and the dumping yard of the Velankanni Panchayat Union at Poigainallur village (W.P.No.34788 of 2006) and Madhavaram Municipality situating the dumping yard at Sadayankuppam. 2. This writ petition once again raises the conflicting interests of the residents of the village panchayat on one hand and the inhabitants of the Municipality on the other hand in locating the dumping yard. The petitioner in the present writ petition questions the location of the dumping yard in his village, viz, Punnam village of Bhavani Taluk of Bhavani Municipality, who is the second respondent herein. 3. It is stated by the petitioner that by dumping of the garbage in the agricultural fields, the ground water will also get polluted and several formalities will be left in the lurch besides the dumping yard creating pollution of air and water. 4. On the said submission, notice was ordered to the respondents and they have duly entered appearance. 5. We have heard the arguments of Mr. Munuswamy, learned counsel appearing for M/s. C&K Law Firm for the petitioner, Mr. Raja Kallifullah, learned Government Pleader taking notice for the first respondent, Mr.N. Subbarayalu, learned counsel taking notice for the second respondent and Mr. Ramanlal, learned counsel taking notice for the third respondent Pollution Control Board and have perused the records. 6. On behalf of the second respondent Municipality, a letter dated 07. 2004 was produced wherein it is stated that the third respondent Pollution Control Board had given no objection for setting up a waste processing facility at the Punnam village at Survey Nos. 196 and 197 subject to certain conditions, which are as follows: "1. This NOC shall be used only to acquire the site by the local body. 2. The NOC issued shall not be construed as Consent or Authorisation of the Board. 3. 196 and 197 subject to certain conditions, which are as follows: "1. This NOC shall be used only to acquire the site by the local body. 2. The NOC issued shall not be construed as Consent or Authorisation of the Board. 3. The local body shall make applications in the prescribed forms for authorisation under the Municipal Solid Wastes (Management and Handling) Rules, 2000 and for consent under Water and Air Acts within a period of one month from the date of receipt of this No Objection Certificate. 4. Only segregated municipal solid wastes shall be brought to the site and the segregation shall not be carried out in the site. 5. Bio-degradable organic wastes shall only be composted and other inert and household hazardous wastes shall be disposed through secure landfill. 6. The wastes shall not be dumped in the said site or anywhere else. 7. The compost yard shall be made impervious with proper leachate collection system and the leachate collected shall be reused in the process and it shall not be disposed inside or outside the premises on any account. 8. The compost yard shall be located in such a way that it is atleast 100m away from the nearest residence/house. 9. Proper drainage for the collection and disposal of runoff shall be made so that the runoff does not gain access to the compost yard and secured landfill facility provided in the site. 10. Compound wall shall be constructed all around the site so as to avoid entry of stray animals or unauthorised persons and vehicles. 11. Adequate buffer zone (minimum 30 m) shall be kept all around the site and the same shall be used only to develop green belt. 12. The local body shall encourage community composting/home composting so as to reduce the quantity of wastes handling at the common site is reduced. 13. The non-biodegradable waste such as plastics shall be collected exclusively and it shall be disposed to plastic recycling industries in consultation with District Environmental Engineer, Tamil Nadu Pollution Control Board. 14. The local body shall take action for remediation of the existing dump site." 17. The second respondent also filed a counter affidavit stating that they will abide by the conditions imposed by Pollution Control Board, the third respondent herein. In paragraphs 6 and 7, it is stated by them as follows: "6. 14. The local body shall take action for remediation of the existing dump site." 17. The second respondent also filed a counter affidavit stating that they will abide by the conditions imposed by Pollution Control Board, the third respondent herein. In paragraphs 6 and 7, it is stated by them as follows: "6. I submit that the pollution control authorities are strictly following the pollution control norms and considering the public grievance, approved for forming the Compost yard. This respondents produced the structure plan along with the detailed report explaining the formation of the Compost yard and further demonstrated that the proposed Compost yard will not any way pollute the ground water, nearby water resources and adjacent agricultural lands. I submit that after completion of the construction of Compost yard the garbage dumping will be carried out by this respondent Municipality only after the pollution control authorities inspection of the Compost yard and certify that the Compost yard is in correct form according to the specifications of the pollution control Board. 7. I submit that the compost yard will be constructed as concrete layer on base and the four side wall bricks, cement and sand by measuring a depth of 1.30 feet. This respondent Municipality collect the garbage from door to door by segregating Biodegradable and Non-biodegradable wastes. The bio-degradable wastes are to be transported to the compost yard and the biodegradable wastes are further transfer into concrete windrows in the compost yard which consists of several compartments of concrete platforms with aeration and drainage facilities and the liquid is systematically collected in sumps and recycled. As the aerobic composting system is carried out on a concrete platform there will not be any seepage and, therefore, there will not be any water contamination. Thus the manufacturing of compost in the above said platform without affecting the ground water or any adjacent agricultural land. Hence, the garbage will not be dumped directly on the ground. I submit that non-biodegradable wastes are dumped in another portion of the compost yard by land filling method. The land filling method is adopted Non-biodegradable wastes and other wastes that are not suitable either for recycling or for biological processing. First of all, the open land get excavated to a depth of below 2m and necessary cement concrete platforms and side walls are to be provided to avoid percolation of polluted rain water. The land filling method is adopted Non-biodegradable wastes and other wastes that are not suitable either for recycling or for biological processing. First of all, the open land get excavated to a depth of below 2m and necessary cement concrete platforms and side walls are to be provided to avoid percolation of polluted rain water. Then wastes are dumped, levelled and compacted using compactors as a thin layer for each day collection. Then excavated soil get filled up in a layer of 10 cm thick over the levelled Municipal solid wastes at the end of the day. The land filling method design will be adopted by means of the norms of the Tamil Nadu Pollution Control Board. Further, this respondent Municipality proposed to grow number of trees surrounding the compost yard and a thick green belt would be developed. And so as to absorb carbondioxide and other gases. Hence, the atmosphere in that area wont change. This respondent would follow aerobic system of decomposition of solid waste which will not generate any odour." 8. It is also stated by them that out the land of 10.44 areas acquired by them, the proposed yard will only comprise of 10,000 Sq.ft. and there will not be any nearby houses. The third respondent Pollution Control Board has also filed a counter affidavit in which after referring to their letter dated 07. 2004 and the condition imposed, they have stated as follows: "I further respectfully submit to state that the said municipality has applied for authorisation of the Board on 08.03.06. On perusal of the application, it was noticed that the municipality has not furnished the relevant details such as topo sketch showing the location of the site, extent of the land with survey numbers and other details. Hence, the municipality was addressed to furnish the additional details. I further respectfully submit to state that during the inspection of the site on 06.04.06, it was ascertained that the municipality has purchased additional land in Survey nos.170/5, 172/1,3,4,5,6 and 173/3,4 in addition to the Survey nos.196 and 197 for which NOC has already been issued. The total extent of the land is 10.44 acres. The site is surrounded by agricultural lands on Northern, South East and Western directions. On the Eastern side scattered houses belonging to a village Chinna Vadamalaipalayam are located next to agricultural land. The total extent of the land is 10.44 acres. The site is surrounded by agricultural lands on Northern, South East and Western directions. On the Eastern side scattered houses belonging to a village Chinna Vadamalaipalayam are located next to agricultural land. The site is located at higher level comparing to the surrounding lands. Also, no specific water source is located in the vicinity of the site. The site was found to be vacant and the municipality has not started any activity. The municipality has been instructed to start the works in the site only after obtaining necessary authorization of the Board." 9. In the light of the stand taken by the respondents 2 and 3, the apprehension expressed by the petitioner is unwarranted. However, we make it clear that the second respondent Municipality cannot use the dumping yard, which is already located by them for which No Objection Certificate has been obtained, without complying with all the conditions imposed by the Pollution Control Board and only when they get consent to operate, they can start using the said ground. 10. Recording the above statements, the writ petition stands disposed of. In the light of the above, the order dated 16. 2006 passed by this Court will stand vacated and W.P.M.P.No.10439 of 2006 will also stand closed. However, there will be no order as to costs.