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2017 Supreme(UK) 125

RAJIV SHARMA, SUDHANSHU DHULIA
Sai Nath Seva Mandal – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rajeev Singh Bisht
For the State : Mr. B.S. Negi
For the Respondents: Mr. Devesh Bishnoi, Mr. Anurag Bisaria, Mr. Aman Rab, Mr. D. Barthwal
For the Union of India : Mr. Sanjay Bhatt

JUDGMENT :

Rajiv Sharma, J.

The present petition has been filed by the petitioner society pro bono publico. The Society i.e. ‘Shri Sai Nath Seva Mandal’ is registered under the provisions of the Societies Registration Act, 1860. It is involved in espousing social causes.

2. Petitioner has made a startling revelation in the petition that the municipal waste generated in Kashipur city is being dumped directly in Dhela river near the Sai Temple situated on the Moradabad Road in Kashipur town. It also emanates foul gases which are detrimental to the health of the people residing in the vicinity of the river. The society has made several representations to the respondent no.5 i.e. Nagar Palika Parishad, Kashipur. However, respondent no.5 is remiss in discharge of its statutory duties.

3. According to the petitioner, the respondents have violated the various provisions of the Environmental and Municipal Laws. The State Government has also, as per the averments made in the petition, sanctioned a sum of Rs.35 lakhs to the respondent no.5 under the Thirteenth Five Year Plan but the same h






























































































































































































































































































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