Pollution Control Committee Amritsar vs Municipal Corporation Amritsar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2013 Supreme(P&H) 1610

HEMANT GUPTA, FATEH DEEP SINGH
Pollution Control Committee Amritsar – Appellant
Versus
Municipal Corporation Amritsar – Respondent

Advocates:
For the Petitioner (CWP No.2032 of 2006):Mr. V.K. Kaushal, Advocate.
For the Respondent No. 1 (CWP No.2032 of 2006):Mr. R.D. Bawa, Advocate.
For the Respondent Nos. 2, 3 and 6 (CWP No.2032 of 2006):Mr. H.S. Brar, Additional Advocate General, Punjab.
For the Respondent Nos. 4 & 5 (CWP No.2032 of 2006):Mr. D.S. Patwalia, Advocate and Mr. Salil Sabhlok, Advocate.
For the Petitioner (CWP No.12188 of 2010):Mr. Vikram Chaudhary, Advocate,
For the Respondent No.1 (CWP No.12188 of 2010): Mr. H.S. Brar, Additional AG, Punjab.
For the Respondent No 2 (CWP No.12188 of 2010):Mr. Ashok Aggarwal, Senior Advocate with Mr. Mukul Aggarwal, Advocate.
For the Respondent No.3 (CWP No.12188 of 2010):Mr. D.S. Patwalia, Advocate and Mr. Salil Sabhlok, Advocate.

JUDGMENT

Mr. Hemant Gupta, J.: - This order shall dispose of CWP No. 2032 of 2006 (hereinafter referred to as ‘the first petition’) preferred by the Pollution Control Committee, Amritsar, for directing the respondents, including the Municipal Corporation, Amritsar to shift the dumping place of Municipal solid waste and dead animals to an authorized and approved place in accordance with the provisions of the Municipal Solid Wastes (Management & Handling) Rules, 2000 (for short ‘the Rules’) and for scientific disposal of the Municipal solid wastes and dead animals.

2. During the pendency of the aforesaid writ petition, on 5.5.2009, the Municipal Corporation has granted contract of processing and disposal of the Municipal solid waste to M/s AKC Developers Ltd., but such contract stands cancelled vide communication dated 28.5.2010. It is the said communication (Annexure P.32), which is subject matter of challenge in CWP No.12188 of 2010 (hereinafter referred to as ‘the second petition’) preferred by the successful bidder. The said writ petition is also being disposed of with the present writ petition.

3. A Division Bench of this Court passed an order on 7.5.2009 on the basis of the sta

Click Here to Read the rest of this document

2013 Supreme(P&H) 1610

HEMANT GUPTA, FATEH DEEP SINGHPollution Control Committee Amritsar – AppellantVersusMunicipal Corporation Amritsar – Respondent

Cases Referred (25)

HEMANT GUPTA, FATEH DEEP SINGH
Pollution Control Committee Amritsar – Appellant
Versus
Municipal Corporation Amritsar – Respondent