R. Sonaimuthu v. District Collector, Office of the District Collector, Sivagangai District.
2019-01-23
K.K.SASIDHARAN, P.D.AUDIKESAVALU
body2019
DigiLaw.ai
ORDER : P.D. AUDIKESAVALU, J. The Petitioner, who is a resident of Tahoor Street in Sivagangai District has filed this Public Interest Litigation seeking to forbear the Respondents from constructing the micro-compost yard in Ward No. 3, Maruthupandiar Nagar, Ward No. 20, Community Hall, Kalavasal and Ward No. 27, Gasifier Grematorium Premises, Sivagangai District on the ground that there was no necessity for the same as the existing garbage dumping at Sundara Fertilizer Warehouse premises in Sivagangai District, would suffice for that purpose. 2. We have heard Mr. K. Seenu Ramachandran, Learned Counsel appearing for the Petitioner, Mr. N. Shanmugaselvan, Learned Additional Government Pleader appearing for the First and Second Respondents, Mr. J. Lawrance, Learned Counsel appearing for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties. 3. The Learned Counsel for the Third Respondent submitted that as per the Solid Waste Management Rules, 2016, framed by the Central Government, it has been decided that instead of dumping the daily collected waste in a single plant or land fill site, the same should be dumped within the respective zones of the local body by adopting the advanced technologies by opening a number of solid waste handling facilities called micro-compost plant, so that such waste can be re-used in the respective areas depending on the generation of waste in that locality. In furtherance to the same, Sivagangai Municipality had proposed to establish three micro-compost plants within the limits of Sivagangai Town as per the aforesaid rules with a view to prevent dumping of waste collected from different parts of the town in one place, which had posed many environmental issues and it is expected that the new system of de-centralised garbage management by establishing the micro-compost plant would prevent the dumping of garbage at one place. In the Counter Affidavit filed by the Third Respondent, the details of the manner in which the waste should be segregated has been explained and in the typed-set contains a sketch showing the places where the micro-compost plants are proposed to be located. 4. Having due regard to the aforesaid explanation of the Respondents, which deserves acceptance, we find that the contention of the Petitioner that the existing garbage dumping at the Sundara Fertilizer Warehouse would suffice and it was not necessary to construct the proposed micro-compost plants, cannot be countenanced.
4. Having due regard to the aforesaid explanation of the Respondents, which deserves acceptance, we find that the contention of the Petitioner that the existing garbage dumping at the Sundara Fertilizer Warehouse would suffice and it was not necessary to construct the proposed micro-compost plants, cannot be countenanced. The apprehension that the proposed location of the micro-compost plants would create health hazards is imaginary and unsubstantiated. It is also evident on a reading of the Solid Waste Management Rules, 2016, that specific provisions have been set out for the manner of maintaining the micro-compost plants. The Petitioner has not been able to show that the location of the micro-compost plants is in violation of any statutory provision, for which this Court could intervene in the matter. It is needless to reiterate that it is not within the realm of the Courts to decide as to which area should be used or not, for the purpose of establishing the micro-compost plants, in the absence of any statutory prohibition. There does not appear to be any infirmity in the decision making process warranting interference of this Court in exercise of the discretionary jurisdiction under Article 226 of the Constitution of India, 1950. 5. In that view of the matter, we are not inclined to entertain this Writ Petition and the same is accordingly dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed.