Fr. R. Edwin Parish Priest Shrine of Our Lady of Presentation Colachel (Roman Catholic Diocese of Kottar) v. District Collector, Kanyakumari District at Nagercoil
2017-10-26
INDIRA BANERJEE, J.NISHA BANU
body2017
DigiLaw.ai
ORDER : INDIRA BANERJEE, J. 1. We have perused the two status reports filed before us - one by the 1st respondent being the District Collector, Kanyakumari District and the other by the Commissioner, Colachel Municipality. 2. On a perusal of the report, it appears that there is a project in contemplation for setting up a Sewerage Treatment Plant/Waste Management Plant in 4.94 acres of Government poromboke land in Survey Nos.204/9, 204/18 and 204/19, Simon Colony Village, Kalkulam Taluk. 3. We are not inclined to interfere with the setting up of Sewerage Treatment Plant and/or Waste Management Plant. Needless to mention that such Plants would necessarily have to comply with the provisions of law, including obtaining of requisite clearances from the Pollution Control Board. 4. It is, however, the case of the respondents themselves that setting up of the Sewerage Treatment Plant/Waste Management Plant have not made much headway. At present, garbage is being dumped at a portion of the premises. 5. On the face of the averments in the affidavit of the respondents, the area where the garbage is being dumped is a thickly populated area. There are about 500 residential houses in and around the area. 6. It is the case of the District Collector, Kanyakumari, that the residential houses are located beyond 125 meters on the eastern side of the Plant. It is further stated that Pampoori Channel is situated beyond 68 meters from the Plant. However, as per the averments in the status report, garbage and waste materials from various places of the Municipality are being dumped at the southern side of the yard. 7. May be, as stated, the garbage will be taken to the Plant for scientific processing once the Plant is set up. However, until such time, as the Plant is set up and functional, garbage cannot be dumped in the land to the detriment of the health and convenience of the residents of the locality. Construction of Waste Management Unit may be commenced and may continue in accordance with law subject to obtaining of requisite approvals. 8. However, pending installation of the Plant, the concerned respondents are restrained from dumping garbage in the area in question. The respondents shall cause the garbage to be dumped and destroyed in a vacant and uninhabited place with no residential houses within 300 meters of its outer periphery. Accordingly, this Writ Petition is disposed of.
8. However, pending installation of the Plant, the concerned respondents are restrained from dumping garbage in the area in question. The respondents shall cause the garbage to be dumped and destroyed in a vacant and uninhabited place with no residential houses within 300 meters of its outer periphery. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.