IN THE HIGH COURT OF KARNATAKA
Ritu Raj Awasthi, S.R.Krishna Kumar, JJ.
A B Devaraju & Ors. - Appellants
Versus
The State of Karnataka & Ors. - Respondents
Writ Petition No. 6386 of 2022 (LB-RES-PIL)
Decided On : 29-03-2022
Solid Waste Management - Environmental Concerns - The court directed the authorities to consider the environmental impact and proximity to the river while identifying areas for setting up solid waste management units.
Fact of the Case:
The petitioners sought to shift the location identified for setting up a solid waste management unit due to environmental concerns and potential impact on religious sentiments and health hazards.
Finding of the Court:
The court found that the grievance of the petitioners should be considered by the authorities, and emphasized the need to find a suitable place for the establishment of the solid waste management unit that does not affect the residents or the environment.
Issues: Environmental impact, proximity to the river, religious sentiments, health hazards
Ratio Decidendi: The impact of dumping solid waste should be considered while deciding the location of the site, and the authorities should address the grievances of the residents and take expert opinion if necessary.
Final Decision: The court disposed of the writ petition with the directive for the petitioners to raise their grievance by way of fresh representation before the Deputy Commissioner, who should consider the matter and pass appropriate orders expeditiously.
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. 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.
Authorities must consider environmental impact and proximity to the river when identifying areas for setting up solid waste management units.
The establishment of a waste processing unit can be considered in the public interest, even if it involves the diversion of government land and the felling of trees, as long as the benefits outweigh ....
Proposed solid waste site complies with SWM Rules, 2016 siting criteria; no interference warranted pending EC compliance.
Siting criteria under Solid Waste Management Rules, 2016 apply to waste processing facilities as integral to landfills; site <200m from habitation violates rules, mandating removal.
The establishment of a waste processing facility must adhere to siting criteria to prevent public health hazards.
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