BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 26/06/2008

CORAM
The Honourable Mr.Justice ELIPE DHARMA RAO
and
The Honourable Mr.Justice M.VENUGOPAL

TAKEN UP W.P(MD) No.1197 of 2008

The Registrar (Judicial),
Madurai Bench of Madras High Court,
Madurai.                             .. Petitioner

Vs

1. The Secretary to Government,
   Health and Family Welfare Department,
   Chennai-9.

2. The Secretary,
   Department of Municipal and Special
   Panchayat Administration,
   Government of Tamil Nadu,
   Fort St. George,
   Chennai-9.

3. The Commissioner,
   Corporation of Madurai,
   Madurai.

4. The Chief Health Officer,
   Madurai Corporation,
   Madurai.

5. The Chairman,
   Tamil Nadu Pollution Control Board,
   Guindy,
   Chennai-32.

6.  The District Collector,
    Madurai.                        ..Respondents
			  . . .
Prayer

Writ petition has been filed under Article 226 of the Constitution of
India to issue a writ of Mandamus directing the respondents herein to take
effective and emergent steps to prevent,dumping and burning of waste materials
at the Corporation garbage dumping yard at Avaniapuram and also shift the
dumping place to any other locality which would not affect the public health and
to take appropriate measures to prevent the pollution of the atmosphere therein
and further direct the Pollution Control Board to monitor the Madurai
Corporation to follow the norms as prescribed under the Pollution Control Act.
			 . . .
!
^For Respondents ...   Mr.Pala.Ramasamy (For R1,2 & 6)
                       Spl.Govt.Pleader
                       Mr.M.Suresh Kumar (For R3 &R4)
                       Mr.Ramanlaal  (For 5)

:ORDER

(Order of the Court was made by ELIPE DHARMA RAO, J) As per the notice issued by this Court on the basis of the news item published in the newspaper, THE HINDU, Madurai edition dated 12.2.2008, the Corporation/third respondent had filed its counter affidavit. The relevant portion in paragraphs 4 and 5 is as follows:- 'Para 4. ...in order to put permanent solution in respect of garbage collection and its maintenance, it floated tender for solid waste Management Project with an estimate of Rs.74.29 crores. The above project includes the following main proposals namely-

i) to rehabilitate and augment the existing system by way of providing additional equipments and machineries.

ii) door to door collection of segregated garbage's by using separate containers.

iii) equipment for source segregation using two bins system.

iv) to impove the transport vehicles.

v) Land fill for accumulated waste and future waste. Further after implementation of the above project, collected garbage's are segregated as bio-degradable and non-biodegradable and the same is treated in proper manner and the garbage's are going to be converted into a good manure also. To implement the project a national level tenders were floated on 12.1.2008. International reputed companies participated in the above tender. The tender evaluation committee for the above Project under the Chairmanship of the Commissioner of Corporation, consisting the following members namely

2. Deputy Commissioner,

3. Superintending Engineer

4. Executive Engineer (N & W)

5. Executive Engineer (S & E)

6. Executive Engineer (JnNURM),

7. Joint General Manager, O/o.CMA

8. Assistant Commissioner (Accounts)I/c

9. Joint Chief Environment Engineer, TNPCB.

10. Lecturer(Civil Department)Thiagaraja College of Engineering,

11. Deputy Director,Agricultural Department,

12. M/s.LT & FS Consultant for Bid Processing Management,

13. M/s.Community Consultancy India Private Ltd.

The expert committee has identified the successful bidder and the council by its resolution No.344 dt 28.3.08 has accepted the proposal of the above said committee. Based on the said resolution letter of intent was also issued to the successful Tenderer on 29.3.2008. The successful tenderer has started the work as per the project at Avaniapuram.

Para 5. ... Every day 60 liters of EM-1 solution is applied on the fresh Garbage's collected at Avaniapuram. Similarly Every Day 150 Liters of EM-1 is solution applied on the old Garbage's at Avaniapuram. Apart from that the Corporation has put up guards to prevent Rag Pickers from entering into Garbage Area. I submit that now the Corporation has purchased 10 additional 'Garbage dumper placer vehicle" in addition to existing 24 vehicles are put on operation from 12.6.2008 onwards. Similarly the Corporation has purchased "Mini Loader Robot" (imported) and compacters (for pressing the Garbages) during May 2008 for effective collection and disposal of Garbages.

2. Under the circumstances, we are satisfied that the Corporation will respect the submissions made in the counter affidavit in the interest of public. Recording the same, the Writ Petition is closed. No order as to costs.

er/asvm To

1. The Secretary to Government, Health and Family Welfare Department, Chennai-9.

2. The Secretary, Department of Municipal and Special Panchayat Administration, Government of Tamil Nadu, Fort St. George, Chennai-9.

3. The Commissioner, Corporation of Madurai, Madurai.

4. The Chief Health Officer, Madurai Corporation, Madurai.

5. The Chairman, Tamil Nadu Pollution Control Board, Guindy, Chennai-32.

6. The District Collector, Madurai.