Local authorities must comply with solid waste management regulations, balancing public health concerns and statutory obligations without necessitating relocation of waste processing facilities.

JUDGMENT :

Sandeep V. Marne, J.

A. THE CHALLENGE

1) These two petitions challenge use of the land at Hadapsar Industrial Estate, Pune by Pune Cantonment Board and Pune Municipal Corporation for processing of solid waste generated in their areas. The Petitioners allege that the land is being used for dumping of solid waste, which emanates toxic and foul smell and polluted air affecting residents in nearby buildings. Petitioners therefore pray for a direction for shifting of the activities at the land to some other location outside the Pune City limits.

2) Public Interest Litigation No.75 of 2022 is filed by Hadapsar Industries Association and St. Patricks’ Town Co-operative Society Ltd. seeking discontinuation of garbage activities at the concerned land and for shifting the same to a permanent alternative land. A declaration is sought that the land is not suitable for garbage activities as per Solid Waste Management Rules, 2016 ( SWM RULES , 2016) and also in terms of the State Government order dated 11 September 2018.

3) Writ Petition No. 4794/2025 is filed by five senior citizens residing in Sopan Baug area of Pune City complaining about daily toxic, foul odor and extremely polluted air emanating for about six hours in a day from two garbage depots operated by Pune Cantonment Board and Pune Municipal Corporation at the concerned land. They have sought prayer for shifting of the entire garbage activities from the said land to a location outside the city limits.

B. FACTS

4) Pune Cantonment Board (PCB), also known as Pune Camp, an affluent area in Pune metropolitan city, which is a military Cantonment located in Pune. It was established in the year 1817 for accommodating the troops of British Indian Army. The Cantonment houses many military establishments. The cantonment area is divided into 8 wards and looks after various needs of citizens and acts like a local body within its jurisdiction. The Board has been constituted under the provisions of the erstwhile Cantonment Act, 1924 which is succeeded by Cantonment Act, 2006. The overall municipal administration of notified area is in the functioning of Cantonment Board under the Act of 2006.

5) The land bearing Survey No.120-298, Hadapsar Industrial Estate, Pune-411 013 admeasuring roughly about 28 acres (the land) is being used by PCB for the last several years, and if the Affidavit of PCB is to be believed, for the last 100 years, as a garbage depot. Accordingly, to the PIL Petitioners, the dump site land is not owned by PCB, but it is occupying the land in capacity as mere ‘lessee holding over’. It appears that Suit No.2/1998 was filed by 61 persons claiming to be the owners of the land and seeking eviction of PCB. It appears that the suit came to be dismissed sometime in the year 2009 and appeal against the said decree is apparently pending.

6) Hadapsar Industrial Estate Environmental Group filed Writ Petition (PIL) No. 96/1999 for shifting of the dump site outside the limits of Pune City. Writ Petition No. 96/1999 came up for hearing before the Division Bench of this Court and by judgment and order dated 20 July 2016, this Court issued series of directions, inter- alia, directing the Secretary of Urban Development Department (UDD) of the State Government to decide whether the land is suitable within the meaning of Rules 11 and 12 of Schedule-I of the SWM RULES , 2016, after affording opportunity of hearing to the Petitioner therein,