ORDER : Ramesh Sinha, J. 1. Heard Ms. Surya Kawalkar Dangi, learned counsel for the petitioners. Also heard Mr. Chandresh Shrivastava, learned Additional Advocate General, appearing for the State/respondent Nos. 1 & 3, Mr. Ramakant Mishra, learned Deputy Solicitor General, appearing for respondent Nos. 2 & 4, Dr. Sudeep Agrawal, learned counsel, appearing for respondent No.5 and Mr. Yogendra Pandey, learned counsel holding the brief of Mr. Animesh Twiari, learned counsel, appearing for respondent No.6. 2. The present writ petition styled as ‘Public Interest Litigation’ has been filed by the petitioners with the following prayers : “10.1 This Hon’ble Court may kindly inspect all records as to the arrangements made, and hygienic problems posed by improper disposal of solid waste by the Raipur Municipal Corporation at village Sakri, Janpad Panchayat-Dharsiwa. 10.2 The Hon’ble Court may kindly be pleased to direct the respondent Municipal Corporation to shift the dumping site from Sakri to some other place, which is away from the residential premises. 10.3 The Hon’ble Court may kindly be pleased to direct the respondent Municipal Corporation to immediately stop the dumping MSW unless and until, the composting plant and RDF plant are made operational. 10.4 The Hon’ble Court may kindly be pleased to direct the respondent Municipal Corporation to immediately move the dumped solid waste from the Sakri to such other place where the solid waste can be processed and minimum damage is made to the environment. 10.5 The Hon’ble Court may kindly be pleased to direct the respondent Municipal Corporation and other state authorities to comply with the Solid Waste Management Rules, 2016 in its true letter and spirit. 10.6 The Hon’ble Court may kindly be pleased to pass any further orders, as it may deem fit, in the facts and circumstances of the case.” 3. Learned counsel for the petitioners submitted that the petitioner No.1 is a social activist and a journalist and is a resident of a colony which is adjoining the new dumping site at Sakri. Petitioner Nos. 2 to 6 are the elected representatives of various villages surrounding the new dumping ground at Sakri. Learned counsel for the petitioners submitted that the petitioner No.1 is a social activist and a journalist and is a resident of a colony which is adjoining the new dumping site at Sakri. Petitioner Nos. 2 to 6 are the elected representatives of various villages surrounding the new dumping ground at Sakri. Learned counsel for the petitioners submitted that the petitioners are constrained to approach this Court because of the atrocious action being pursued by the Municipal Corporation in dumping solid waste in the village of Sakri, without any regard to the relevant provisions of law or taking effective steps for proper waste disposal in terms of the Solid Waste Management Rules, 2016 (for short ‘the Rules of 2016’). Learned counsel for the petitioners further submitted that the solid waste cannot be dumped as now sought to be pursued by the Municipality and that the same has to be segregated as envisaged under the Rules. That apart, dumping of the waste can only be under exceptional circumstances, when the plant set up in this regard is not working or when there is a national calamity. It is also pointed out that the Municipality was dumping the waste elsewhere, till recently, and by virtue of the interference of this Court (at the instance of some other litigant who approached this Court pro bono publico), the dumping site has been changed and that's all. Learned counsel for the petitioners highlights the poor plight of the local inhabitants, whose residential premises are situated close to the 'dumping site' allotted by the State Government to the 5th respondent Municipal Corporation, stated as a temporary measure, pending construction of the plant for solid waste management, where the solid wastes are brought and dumped without even satisfying the requirements pointed out by the Environment Conservation Board of the State. The residential colony is stated as situated within a range of 50 metres from the dumping site and that, there is a water body within a radius of 200 metres. This by itself involves clear violation of the statutory prescriptions. If this be the position, under what circumstances was the site identified by the State and given to the Municipality to be used as a 'dumping site', is a matter to be investigated. 4. This by itself involves clear violation of the statutory prescriptions. If this be the position, under what circumstances was the site identified by the State and given to the Municipality to be used as a 'dumping site', is a matter to be investigated. 4. On 23.01.2020, the following order was passed : “Smt. Dangi, learned counsel for the Petitioners submits that the recent Photographs of the nearby area of the site used for dumping of garbage by the Municipal Corporation, Raipur has been taken up on 22.01.2020, wherein it is appearing that the dumping has been made nearby the water bodies and also the waste product is flowing from the site to nearby lands. She also argued that the water on being tested is found to be contaminated. The capacity of the plant for processing the solid waste will not meet the requirement as the total collection of solid waste is about 500 tons whereas the capacity of the proposed plant is only of 350 tons. Shri Tiwari, learned counsel for the Respondent No. 6 / Chhattisgarh Environment Conservation Board, submits that the inspection has been done recently on 07.01.2020 and the inspection report has been submitted by the 03 Officers, in which it has been specifically stated that the Solid Waste Management Rules, 2016 (for short, 'the Rules of 2016') is not being followed and the dumping of the unsegregated waste itself is in violation of the Rules of 2016. It is also submitted that as per the provisions of the Rules of 2016, the Municipal Corporation is not authorized to dump segregated or unsegregated solid waste in any land or pit after the period prescribed under the Rules. It provides for the processing of segregated waste. The inspecting team even on 07.01.2020 have found many shortfalls, violating the Rules of 2016. The Respondent No. 6 has proposed to impose penalty of around Rs. 7 crores towards the environment compensation against the Respondent No.5/ Municipal Corporation. It is also submitted that the authorities of Respondent No.6 have already initiated the proceedings seeking permission to prosecute the erring Officers of the Municipal Corporation. Shri Agrawal, learned counsel for Respondent No.5 / Municipal Corporation, submits that all necessary steps have been taken up by the Contractor and the solid waste processing Plant is about to install for processing the solid waste. Shri Agrawal, learned counsel for Respondent No.5 / Municipal Corporation, submits that all necessary steps have been taken up by the Contractor and the solid waste processing Plant is about to install for processing the solid waste. He also submits that the photographs, as filed by the Petitioners showing the water collection, is not the surface water of permanent water body, but it is rain water; which has been collected on the pits of the quarry mines situated in and around the allotted area and it is not the water of the waste dumped on the allotted area. He submits that the work of collection of the solid waste/garbage as also installation of the Plant is under contract with M/s. Delhi MSW Solutions Limited and their workers are bringing the segregated solid waste to the alloted site, to which the contractor has already clarified by submitting a reply to the Municipal Corporation, which he has submitted along with the application for taking documents on record. He also submits that till 15th to 20th February, 2020, Municipal Corporation will be in a position of applying for the CTO i.e. 'Consent To Operate' to the concerned authorities and till the end of 31st March, 2020, the plant will be in operation. To this, the learned counsel for Respondent No.6 / Chhattisgarh Environment Conservation Board submits that on inspection it has been found that the unsegregated solid waste is already being dumped in the allotted area by the Municipal Corporation. They have dumped unsegregated waste and firstly it is required to be removed. We have heard learned counsel for the respective parties. The issue raised in the writ petition is of a serious nature. The effect of the dumping of the unsegregated waste or the dumping of the garbage collected from all over the city in a particular area will definitely pollute the environment of the locality and also pollute the underground water as well if it is not handled and disposed in a manner prescribed. Looking to the seriousness of the issue raised in the writ petition, we have already issued directions to the Respondents on 16.12.2019 by our detailed order. Looking to the seriousness of the issue raised in the writ petition, we have already issued directions to the Respondents on 16.12.2019 by our detailed order. But, from the present facts and circumstance, which has been narrated before this Court today, it appears that Respondent No.5 is not adhering to the commitment made before this Court and not following the Rules of 2016 in its word and spirit. As today also, we have found that the Municipal Corporation is not complying with the provisions of the Rules, 2016 and the observations made by this Court on an earlier date of hearing, we direct Mr. Raghumani Pradhan, Incharge Executive Engineer, SBM/SWM, Raipur Municipal Corporation and also the Municipal Commissioner, Raipur to be present before this Court on 04.02.2020 in person. On that date, the concerned officers will file their affidavits with regard to the course and proceedings adopted by them for complying with the provisions of the Rules of 2016 and steps taken by them on the issue projected and also on the report submitted by the Respondent No.6.” 5. On 04.02.2020, the following order was passed : Mr. Sudeep Agrawal and Mr. Pankaj Agrawal Standing Counsel for the Respondent – Municipal Corporation, Raipur submit that an affidavit has been filed before this Court with reference to the various aspects dealt with by this Court in the interim orders passed earlier and as to arrangements being made to curb the menace in connection with the dumping of the waste. It is also brought to the notice of this Court that the instructions / directions given by the Chhattisgarh Environment Conservation Board are being given effect to and as per the water samples taken and tested for the month of December, 2019, the water has become very much potable. Same is the position in connection with the testing of samples taken in January, 2020. This version is stated as correct by the learned counsel representing the Chhattisgarh Environment Conservation Board. However, considering the larger public interest and since time is being sought for to implement the various remedial measures in a phased manner, as put forth by the Respondents concerned in their returns / affidavits, we find it appropriate that the 'need of hour' requires to ensure proper supply of potable and pure drinking water for the inhabitants in the nearby place where the dumping of waste is being done. Mr. Mr. Saurabh Kumar, Commissioner of the Municipal Corporation, Raipur is present in person before this Court. After having consultation with the Commissioner, Mr. Sudeep Agrawal, the learned Standing Counsel representing the Municipal Corporation submits that the steps are being taken in war footing to implement all the directions given by the Chhattisgarh Environment Conservation Board. It is stated that substantial extent of work is over with regard to the setting up of the plant and that operation will be commenced before the end of June, 2020. The learned counsel for the Petitioners, however points out that, as per the proceedings brought on record, the Local Authority was to apply for the CTO (Consent To Operate) to the concerned authorities by the end of March, 2020 and the plant was to be set functional accordingly. It is brought to the notice of this Court that the Commissioner, Mr. Saurabh Kumar, who took charge very recently i.e. on 15.01.2020 has constituted a 'Seven Member Committee' as per the proceeding dated 27.01.2020 and that 'Weekly Reports' are being called for to monitor the work. In response to the query raised by this Court, the learned counsel representing the Local Authority submit after consultation with Commissioner present in Court, that they are ready to install and provide free pure water supply to the needy general public, if, for any reason, anybody is not satisfied with the water now available there. Pure drinking water will be brought from outside and it will be supplied free of cost, making the same a regular arrangement till the plants are setup properly and it gets functioning with satisfaction of the Chhattisgarh Environment Conservation Board. The learned counsel submits that the Local Authority will file a proper report before this court to the course and events.” 6. On 17.07.2023, as prayed by Dr. Sudeep Agrawal, learned counsel, appearing for respondent No.5 along with Mr. Pankaj Agrawal, this case was fixed for today in order to enable the Municipal Corporation to suggest the ways and means by which Solid Waste Management Rules, 2016 can be brought into effect more effectively with a direction to file an affidavit in this regard. 7. Dr. Sudeep Agrawal, learned counsel, appearing for respondent No.5 submits that an affidavit has been filed on 09.08.2023, which has already been taken on record. 7. Dr. Sudeep Agrawal, learned counsel, appearing for respondent No.5 submits that an affidavit has been filed on 09.08.2023, which has already been taken on record. He also submits that all endeavour are being made by respondent No.5 to strictly adhere to the Solid Waste Management Rules 2016 in its true letter and spirit. He further submits that consent to establish was granted for Composting Plant Capacity 50 TPD and for RDF Plant Capacity 300TPD by the Chhattisgarh Environment Conservation Board on 26.11.2018 and thereafter consent to operate was granted on 09.06.2021 and subsequently it was renewed from 11.06.2021 to 31.05.2024. The criteria for site selection for Sanatory Landfills has been done in accordance with the Rules of 2016 and more so in the year 2017 itself, it has been informed to the Municipal Corporation, Raipur by Civil Aviation Department, New Delhi that NOC is not required from their office. As per Schedule-I of the Rules of 2016, the criteria for land filling operations and closure is being done strictly in accordance with Rules, 2016. The waste collected in the Sanatory Landfills are compacted by use of heavy compactors and thereafter thin layer of soil is being spread all over it. He further submitted that all steps are being taken to prevent any form of pollution and namely following steps are being under taken :- ¼1½ Bksl vif'k"V izlaLdj.k la;a= ifjlj varxZr iDdh ukfy;ksa dk fuekZ.k fd;k x;k gS A ftuesa o"kkZ _rq ds viokg gsrq i`Fkd ukfy;ka cukbZ xbZ gS ,oa fypsV ds izokg gsrq i`Fkd ukfy;ka cukdj bUgsa ,d lEi esa ,df=r dj bldk mipkj fd;k tkrk gS A ¼2½ lsusVjh yS.MfQy lkbZV fuekZ.k gsrq gkbZMsuflVh ikWyh,Fkhyhu dk mi;ksx fd;k tk jgk gS A ¼3½ yhpsV dysD'ku gsrq lsusVjh yS.MfQy esa lEi rFkk ifEiax dj blds yhpsV dysD'ku ikW.M ,oa VªhVesaV IykaV esa mipkj rFkk mipkfjr ty ds m|kfudh gsrq mi;ksx fd;k tkrk gS A ¼4½ lsusVjh yS.MfQy {ks= ls yhpsV ds viokg ckgj dh vksj u gks bl gsrq rS;kj gksus okys yhpsV ds yxkrkj ifEiax dj yhpsV dk mipkj fd;k tk jgk gS A 8. It is further submitted that at regular intervals water quality monitoring is being done and the samples of water are collected on periodic basis and thereafter it is being sent to Qualissure Laboratory Services, Kolkata, West Bengal which is a duly approved laboratory by National Accreditation Board. It is further submitted that at regular intervals water quality monitoring is being done and the samples of water are collected on periodic basis and thereafter it is being sent to Qualissure Laboratory Services, Kolkata, West Bengal which is a duly approved laboratory by National Accreditation Board. In the aforesaid water test samples, it has been clearly found that there is no contamination of water. Further as per the criteria laid down for ambient air qualify monitoring as per the Rules of 2016, regular testing is being done by the Qualissure Laboratory Services, Kolkata, West Bengal. That the air quality monitoring is conducted every 03 months and all the test reports conclusively prove that the air quality is of standard level. Regular noise control tests are also being carried out from National Accreditation Board Laboratory and also dense / thick level of plantation has been done near the landfill site and as per the Rules of 2016. He further submits that following steps would be taken by the Municipal Corporation, Raipur without any demur :- (i) That, sincere constant efforts would be undertaken by the Municipal Corporation, Raipur to plant more and more trees in the green belt area in the vicinity of Municipal Solid Waste Processing and Disposal Facility Plant. (ii) That, efforts would be undertaken to re-use collected waste in a more effective and efficient manner. The plastic waste would be segregated quality wise and colour wise and thereafter plastic granules would be made which can be effectively used by the plastic industry once again. (iii) It is also submitted that air and water quality monitoring would be done at regular basis without any obstacle so that the Rules of 2016 are followed scrupulously. (iv) That, in order to overcome the smell/odour in the Solid Waste Processing in Disposal Plant, regular spraying of lemon grass oil would be done. (v) It is further submitted that all bonafide steps would be taken to keep the landfills site clean and proper and further all steps would be taken to segregate the waste in a proper and scientific manner in order to avoid any unforeseen circumstances. 9. He also respectfully submitted that instant Public Interest Litigation (PIL) is not an adversarial form of litigation therefore the answering respondent is ready and willing to abide with each and every directions which this Court may issue in the interest of justice. 10. 9. He also respectfully submitted that instant Public Interest Litigation (PIL) is not an adversarial form of litigation therefore the answering respondent is ready and willing to abide with each and every directions which this Court may issue in the interest of justice. 10. We have heard learned counsel for the parties and perused the materials available on record particularly the affidavit dated 09.08.2023 filed by the respondent No.5. 11. Though it is not an adversarial litigation but a petition filed for the benefit of the public at large, from perusal of the return filed by the respondents, especially the respondent No. 5, it is apparent that though the Municipal Corporation, Raipur, is taking measures for curbing the menace of solid waste by disposing the garbage collected and dumped at dumping yard, Sakri as per the Rules of 2016, the same appears to be inadequate. Trees are being planted and the respondent-Municipal Corporation has assured this Court through their return that all the necessary steps would be taken for recycling the wastes, regular air and water quality monitoring would be done on regular basis and lemon grass oil would be sprayed for overcoming the smell/odour emitting from the Disposal plant and further steps would be taken to keep the landfills site clean and proper. 12. Considering the aforesaid submissions made by learned counsel for the parties, we dispose of the instant writ petition with following directions : (i) The respondent-Corporation shall follow the Rules of 2016 in its letter and spirit for disposal of the solid waste / garbage so that no inconvenience is caused to the inhabitants of the locality. (ii) Samples of water and air shall be collected periodically to ensure that there is no spillage of any effluent/toxic substance in the air and water bodies in the vicinity. (iii) Efforts should be made for recycling of maximum solid wastes. (iv) For disposal of solid wastes, latest and scientific methods may be adopted. (v) Regular health checkup camps may be held for the residents of the locality to ensure that the dumping site is not causing any hazardous health effects.