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2022 DIGILAW 423 (KAR)

A B Devaraju v. State of Karnataka

2022-03-29

RITU RAJ AWASTHI, S.R.KRISHNA KUMAR

body2022
ORDER 1. This Public Interest Litigation has been filed seeking the following reliefs:- "a. Issue Writ in the nature of mandamus or any other appropriate writ directing the Respondent Authorities to shift the location identified for setting up Solid Waste Management Unit of Somanahalli Grama Panchayathi from Sy No 178 of Amabigarahalli Village, of Ambigarahalli Village, Somanahalli Post, Akkihebbalu Hobli, K R Pete Taluk, Mandya District. b. Issue Writ in the nature of mandamus or any other appropriate writ directing the Respondent Authorities to consider the geographical location and its environmental impact, having regard to nearness to river bed, in identifying and marking areas for setting up Solid Waste Management Unit henceforth. c. Issue any other Writ, Order or Directions, as this Hon'ble Court deems fit to grant in the circumstances of the case, including the costs of this Writ Petition, in the interest of justice and equity." 2. Learned counsel for the petitioners submits that the location of the site for solid waste management unit at Somanahalli Grama Panchayathi at Sy.No.178 of Ambigarahalli Village, Akkihebbalu Hobli, Krishnarajpet Taluk, Mandya District is not at all proper and correct. It is submitted that it is very much near to the river and as such, there is strong apprehension that the solid waste dump at the proposed site may pollute the river. It is also submitted that nearby there are temples and as such, it may affect the religious sentiments of the people visiting the temples. It may also cause environmental pollution and health hazards for the people living nearby the area to the site. The petitioners who are said to be the residents of the area have raised the grievance but, it has not been considered by the Authorities concerned. 3. Be that as it may, we are of the considered view that the grievance of the petitioners, who are said to be the residents of the nearby areas where the proposed solid waste management unit is to be established shall be considered by the concerning Authorities and it is for the concerning Authorities to find out the most suitable place for the establishment of the solid waste management unit. The impact of dumping of solid waste is to be kept in mind while deciding the location of the site. It shall not affect the residents of the area and the environment at large. 4. The impact of dumping of solid waste is to be kept in mind while deciding the location of the site. It shall not affect the residents of the area and the environment at large. 4. We, therefore, dispose of this writ petition with the observations that the petitioners may raise their grievance by way of fresh representation within a period of ten days from today before respondent No.4-DeputyCommissioner, DC Office, Mandya district, who may look into the matter and if need be, take an expert opinion, and pass appropriate orders in accordance with law expeditiously, say, within a period of six weeks from the date a certified copy of this order along with the representation is placed before him.