IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S.S. SHINDE, S.M. GAVHANE, JJ.
Vijay Laxmanrao Dak and Others – Petitioners
Versus
Union of India (Through its Secretary) Ministry of Environment – Respondent
Public Interest Litigation No. 33 of 2018
Decided On : 09-03-2018
Bombay Provincial Municipal Corporation Act, 1949 - Aircraft Rules 1937 - Rule 81B – Indian Penal Code,1860 -Aircraft Act, 1934 - by issuing a writ of mandamus - order or direction- rendering scientific assistance - To direct respondents to ensure that no new solid dry or wet waste is permitted to be dumped for disposal on land situate at - - It is stated by Petitioners in Petition that they are residents of addresses mentioned in title cause- They are representing thousands of villagers of Petitioner Gram Panchayats against illegalities committed by Aurangabad Municipal Corporation in dumping solid waste without processing and treating at land bearing Gut situate at village - Petitioners are acting as pro bono - It is also stated that Petitioner Nos-1 to 5 are office bearers of Gram Panchayat of villages – Held, In light of discussion herein above there is no slightest room for doubt that Respondent No- 7 in utter disregard to provisions of MSW Rules of 2000 and SWM Rules of 2016 Water (Prevention and Control of Pollution) Act 1974 and Environment (Protection) Act 1986 Air (Prevention and Control of Pollution) Act 1981 continued to dump solid waste/garbage at site of Gut Nos-78 and 79 of village If we further allow Respondent No- 7 to continue its activity of dumping of new solid dry or wet waste/garbage on site of Gut of village it would be nothing less than inviting risk of deaths of human beings animals birds etc- apart from ill-effects/serious diseases which have already been spread over in said vicinity which may also amount to travesty of justice – Petition disposed of
S.S. SHINDE, J.
1. This Petition is filed with the following prayers:
“(a) To direct to permit inspection of all records available with the respondent No. 7 corporation as regards to the arrangements made, expenses incurred and sanitary and hygienic problems posed by improper disposal of solid waste by the Aurangabad Municipal Corporation, by issuing a writ of mandamus or any other appropriate writ, order or direction as the case may be.
(b) To direct the Municipal Corporation, Aurangabad to remove all the waste on the surface and filled below the land surface at Government gairan land situate at Gut No. 78 and 79 village Mandki, by issuing a writ of mandamus or any other writ of the like nature.
(c) To direct the respondents to ensure that no new solid, dry or wet waste is permitted to be dumped for disposal on the land situate at Gut No. 78 and 79 village Mandki, by issuing a writ, order or direction as the case may be.
(d) To set up a team of experts from a reputed technology institute for rendering scientific assistance with regard to removal of the waste dump and restoration of the land situate at Gut No. 78 and 79 village Mandki to habitable characteristics.
(e) To direct the respondents to take necessary measures after consultation with biotech and scientific agencies including Maharashtra Pollution Control Board to reverse the environment impact caused to the land situate at Gut No. 78 and 79 village Mandki and its adjoining area due to the dumping.
(f) To direct an inquiry to fix responsibility and institute criminal proceeding for offences committed under the IPC, Bombay Provincial Municipal Corporation Act, 1949 as also the Aircraft Act, 1934 against responsible officers of the Aurangabad Municipal Corporation and State Government and also for flagrant violation of the statutory obligations, by issuing a writ of mandamus or any other writ of the like nature.
(g) To direct the Municipal Corporation to send proposal of alternative site for Solid Waste Disposal in accordance with the provisions of several statutes and rules framed thereunder to concerned departments within a period of four weeks, and further direct the respondent No. 1 to ensure that new site for disposal of wastes is searched and selected, necessary land and grants for processing and treatment of waste generation within Aurangabad Municipal area are made available within a time bound schedule, by issuing a writ of mandamus or any other writ of the like nature.
(h) To direct the Municipal Corporation to ensure implementation of the guidelines issued by the Hon'ble Supreme Court and this Hon'ble High Court as well as Rules of 2016 with regard to segregation of waste by evolving a strict policy of monitoring and imposing penalty against wrongdoers.
(i) Direct the respondents to grant free full body medical checkup to all residents of the 5 villages based on the gram panchayat voting list and grant compensation commensurate to the ill-effects to their health, by issuing a writ of mandamus.
(j) Direct the respondent No. 7 to provide clean drinking water to the villages of Pokhri, Mandki, Mahalpimpri, Gopalpur and Palsi from the AMC pipe line passing through these, by issuing a writ of mandamus or any other necessary order, writ, direction as the case may be.
2. It is stated by the Petitioners in the Petition that they are residents of addresses mentioned in the title cause. They are representing thousands of villagers of Petitioner Gram Panchayats against the illegalities committed by Aurangabad Municipal Corporation (for short "AMC") in dumping solid waste without processing and treating, at the land bearing Gut Nos. 78 and 79 situate at village Mandki. The Petitioners are acting as pro bono publico. It is also stated that the Petitioner Nos.1 to 5 are the office bearers of the Gram Panchayat of villages of Mandki, Gopalpur, Pakhri and Mahalpimpri and P
Almitra H. Patel and Another vs. Union of India and Others
Almitra H. Patel and Another vs. Union of India and Others
A.P. Pollution Control Board vs. Prof. M.V. Nayudu (Retd.) and Others
In Re: (Court on its Own Motion) vs. Union of India and Others
Paryavaran Suraksha Samiti and Another vs. Union of India and Others
Research Foundation for Science vs. Union of India and Another
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.