JUDGMENT :

1. Heard Mr. S. Mow, the learned counsel for the Petitioner. Also heard Mr. N. Lowang, the learned counsel for the Respondents No. 1, 3, 4, 5 & 6 respectively being UD&H Department; Arunachal Pradesh State Pollution Control Board; the Deputy Commissioner, West Siang District; the Chairman District Health Society, West Siang District, Aalo and the District Medical Officer (DMO), Aalo West Siang District. Mr. E. Menjo, the learned counsel appeared on behalf of Mr. P. Taffo, the learned Standing counsel for the Respondents No. 2 & 7 respectively being the Director of UD&H Department and the Executive Engineer cum Deputy Director, UD&H Department. Mr. P. Taffo, the learned Standing counsel for the respondent UD&H Department was also present during the course of the hearing of this petition.

2. The Petitioner who is a resident of Eyi Village in the West Siang District has filed the present PIL petition inter alia with the following prayers:

(a) For an order or direction to Respondents No. 4 & 7 relocate/shift the present garbage dumping and waste disposal area from Hissam (Samsam Ghat Area), Aalo, West Siang District to some other suitable place.

(b) For an order or direction to frame guidelines for the disposal of solid waste in the state.

(c) To install an incinerator for non-biodegradable wastes, medical wastes in Aalo town.

(d) To direct Respondents No.4, 6 & 7 to identify pick-up locations and install containers separately for biodegradable and non-biodegradable wastes for daily collection.

(e) To ensure full and proper implementation of Municipal Solid Wastes (Management and Handling) Rules 2000, Arunachal Pradesh E-Waste Management Policy 2019 and Arunachal Pradesh Bio-Medical Waste Management Rules, 2016.

3. It is stated that the PIL petition has been filed for the benefit of the public of Hissam Dego, Panya and Nyiko Bango area in particular, as well as the entire public of Aalo Town, being the District Headquarter of West Siang District.

4. The Prayer No.1 pertains to re-locating or shifting the present garbage dumping and waste disposal area from Hissam (Samsan Ghat Area) to some other suitable place. In respect of the issue raised for re-locating or shifting of the garbage dumping and waste disposal area from Hissam, the Respondents No. 4, 5 & 7 being the Deputy Commissioner, Aalo in the West Siang District, the Chairman District Health Society, West Siang District, and the Executive Engineer cum Deputy Director, UD&H Department, have filed a joint affidavit wherein in Paragraph-7 it is stated as extracted below:

“7. That with regard to the statements made in Paragraphs-10(I)(II)(III)(IV) (V)(VI)(VII) and (VIII) of the PIL petition, the answering respondent begs to state that regarding re-location/shifting of the present dumping ground from Hissam (Samsan ghat area) to some other suitable place, it is stated that the present dumping ground was started around the year 1997-98 by taking some portion of land from burial-cum-cremation ground which was donated by Late Tamut and late Bode Lomi. It is further stated that at that point of time the aforementioned dumping ground was not at all a residential settlement area, but was a rejected plot and was quite distant from the inhabitants of the town. In the said area the creation ground and Shakar mission (Leprosy hospital) was only existing. In due course of time human settlement have started in the area near the Dumping ground and its adjoining area. In the year 2011-12 the present dumping ground was stopped and alternate dumping ground was relocated at Logum Jini area due to the residential area coming up near the area. An alternate land for dumping ground was donated by Shri Kajom Jini of Logum Jini village, West Siang district, but it had to be stopped after use of few months due to the complain and strike by the Nyiko Bango area people with no alternate left the department again stated to dump the garbage at the Hissam dumping yard which was Govt. land. Again