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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ALOK ARADHE, CJ., SANDEEP V. MARNE
Nikhil Shah – Appellant
Versus
Pune Cantonment Board – Respondent
| Table of Content |
|---|
| 1. challenge to land use for waste processing (Para 1 , 2 , 3) |
| 2. historical context and previous orders regarding waste site (Para 4 , 5 , 6 , 7 , 8) |
| 3. arguments for shifting garbage processing site (Para 12 , 13 , 14) |
| 4. arguments on health and environmental impact. (Para 15) |
| 5. analysis of waste management challenges (Para 18 , 19 , 20 , 21 , 22) |
| 6. reasons for rejecting petition and continuing facility. (Para 48 , 49) |
| 7. conclusion on petitions to shift processing facility (Para 60 , 61) |
| 8. final order on waste processing site. (Para 62) |
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
Local authorities must comply with solid waste management regulations, balancing public health concerns and statutory obligations without necessitating relocation of waste processing facilities.
Solid waste processing site complies with siting criteria; no prior EC required for standalone activities excluding landfill; regulatory monitoring mandated for ongoing compliance.
Field-level monitoring by local personnel is preferred over high-level committees for controlling garbage burning; strict enforcement, enhanced fines, scientific waste management, and regular air qua....
Tribunal directs field-level monitoring, pollutant control measures, enhanced fines for garbage burning, and monthly public reviews to enforce air quality standards and waste management rules effecti....
The establishment of a waste processing facility must adhere to siting criteria to prevent public health hazards.
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 court established that environmental regulations applicable to waste processing facilities depend on the timeline of their establishment and that prior compliance with earlier rules is sufficient....
NGT imposes ‘Polluter Pays’ environmental compensation on local body for SWM Rules non-compliance based on legacy waste quantum, directs penalty under EP Act Section 15, emphasizing mandatory remedia....
Allotment of the Gauchar land for the dumping site would not amount to violation of fundamental right under Article 21 of the Constitution of India as contended by the petitioners because the respond....
The right to a clean environment is recognized as integral to the fundamental right to life, necessitating strict compliance with waste management laws by local authorities.
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