Research › Search › Judgment

Madhya Pradesh High Court · body

2013 DIGILAW 37 (MP)

Gwalior Foresters Society Environmental (NGO) v. P. Narhari

2013-01-04

G.D.SAXENA, S.K.GANGELE

body2013
ORDER 1. This contempt petition has been filed showing non-compliance of the order dated 13.7.2007 in Writ Petition (PIL) No. 3352/06. 2. On perusal of the said order, it reveals that the writ petition filed by the applicant was disposed of after taking into account the reply filed by the Municipal Corporation in the shape of undertaking. The said order reads as under:- “Petitioner has filed this writ petition as a public Interest Litigation alleging that the land in Survey Numbers 73 and 80 of Gram Chandoha Khurd, Gwalior, on which there are about 2000 fruits and other trees, have been transferred to the respondent No. 6, Municipal Corporation, Gwalior for installation of solid waste project. The return has been filed by the respondent No. 6 stating therein that plantation around the Landfill site is an essential part of development of landfill site for maintaining environmental balances and for this reason, the Corporation is not going to make infrastructure development on the land and this part of the land will continue to be used for plantation and the trees standing on the land will be protected by the Corporation.” 3. Learned counsel fo the applicant submits that the questioned land has been allotted in favour of the Corporation by the Collector subject to certain conditions vide order dated 8.7.2004 (Annexure-A/3) for development of landfill site as well as scientific disposal of solid waste materials as per relevant rules. It is contended that on the land there are standing numbers of trees and so for their protection, PIL was filed but despite issuing directions by the learned writ Court, non-applicant No.2 has transferred the said land for development purposes in favour of non-applicant No.3-Gwalior Development Authority in utter disregard of the directions of this Court, therefore, there is deliberate and wilful disobedience of the directions on the part of the non-applicants. 4. On the contrary, learned counsel appearing on behalf of the non-applicants No.1 and 2 submitted that all steps pertaining to the directions and the Environmental Protection Act have been taken and the duty of the Corporation under the Municipal Corporations Act is duly and properly performed so as to maintain health and prevent pollution. The Municipal Corporation is also taking proper and due care of all the fruit-bearing and non-fruit-bearing trees and no such measures have been adopted against the directions, as alleged. 5. The Municipal Corporation is also taking proper and due care of all the fruit-bearing and non-fruit-bearing trees and no such measures have been adopted against the directions, as alleged. 5. By submitting reply, it is also admitted by the learned counsel appearing on behalf of the non-applicant No. 3-GDA that no such allocation of the land has been made in their favour. It is submitted that though the Collector/non-applicant No.1 has reserved some portion of S.No. 73 in favour of the non-applicant No. 3 vide order dated 28.1.2011 (Annexure-R-3/1) for execution of residential/commercial planning, but that was not accepted and instead a request letter dated 20.9.2012 (Annexure-R 3/2) has been issued by the non-applicant No. 3 for getting reserved some other portion of the land, keeping in view the directions of the learned writ Court. 6. After considering the averments made in the petition and perusal of the reply so filed by the non-applicant No. 3-GDA coupled with the documents marked as Annexure-R-3/1 and Annexure-R-3/2, we are of the view that no case for contempt alleging deliberate or wilful non-compliance of the order of this Court, against the non-applicants is made out. Accordingly, we do not find any substance in this contempt petition. It is accordingly dismissed. 7. Rule Nishi issued against the non-applicants stands discharged.