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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 16218 of 2010
Date of Decision: November 15, 2011
Harpal Singh and others
...Petitioners
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: Mr. Rajwant Singh Chahal, Advocate,
for the petitioners.
Mr. Sandeep Moudgil, DAG, Punjab,
for respondent Nos. 1 and 2.
Mr. K.V.S. Kang, Advocate,
for respondent No. 3.
Mr. Ashish Verma, Advocate,
for respondent No. 4.
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the
Digest?
M.M. KUMAR, J.
J.
1. This petition has been filed as a Public Interest Litigation seeking a direction to the respondents to shift the site of Solid Waste Project from village Dhudhar, District Patiala to any other less inhabited and barren land.
2. Brief facts of the case are that the petitioners are aggrieved by the resolution dated 10.8.2010 (P-1), passed by the Gram Panchayat, Dhudhar, with regard to providing of 40 acres of Shamlat land to the Municipal Corporation, Patiala, for a period of 33 years on lease basis for setting up of a Municipal Solid Waste CWP No. 16218 of 2010 2 Project. It is alleged that earlier the said project was to be set up at Chhoti Nadi, Patiala and even permission was taken from the Irrigation Department. However, due to resistance of the Municipal Councilors, the site has been shifted to village Dhudhar. According to the petitioners if the Solid Waste Project is allowed to be set up in village Dhudhar, it would create nuisance and health problems for the residents of the area. The petitioners have urged that in the said project solid waste of three cities, namely, Samna, Rajpura and Patiala would be dumped. The dump would make the entire area unlivable because of the foul smell and poisonous gages. This would also increase the flow of vehicles carrying the solid waste from the above three cities day and night. The site in question is near the abadi area. The villages of the area are already suffering health hazards because of Patiala Refinery, DSG Paper Mill and a Ganda Nala. The Health Department has already declared the water of village Dhudhar and village Main as unfit and unsafe for human consumption. It has also been stated that the shamlat land of village Dhudhar, where the Solid Waste Project is to be set up, is a fertile land and source of income of the Gram Panchayat and also source of livelihood for the poor people who took the land in question for cultivation in auction. In order to show the resentment of the people of the area, the petitioners have placed on record copies of the resolutions stated to have been passed by the Gram Panchayats of various adjoining villages and the representation made to the Deputy Commissioner, Patiala (P-3 to P-8).
3. Separate written statements have been filed by the respondents. In the written statement filed by the Deputy Commissioner, Patiala, on behalf of respondent Nos. 1 and 2 various allegations levelled in the writ petition have been denied. CWP No. 16218 of 2010 3 In the preliminary objections it has been asserted that about 150 acres of shamlat land is under the ownership of Gram Panchayat, Dudhar, out of which 40 acres of land has been given by the Gram Panchayat to the Municipal Corporation, Patiala, for setting up of Municipal Solid Waste Project, which is under consideration of the State Government. It has been pointed out that earlier the land in question was in unauthorised possession of the villagers and after prolonged litigation the same has been got vacated by the Gram Panchayat. Those persons are now raising objections against the setting up of Municipal Solid Waste Project. The Municipal Corporation, Patiala has agreed to pay `20,000/- per year per acre with 10% increase in the lease money every third year to the Gram Panchayat.
4. It has been specifically denied that the said project would create any nuisance and health hazard because the abadi of village Dudhar is located at a distance of about 2.5 Kms. from the site which has been earmarked for the project. There is no populated area near the land in question. It is also stated that petitioner Nos. 5 to 9 belong to other nearby villages and they have no concern or public interest with the said Municipal Solid Waste Project. It has been denied that the residents of surrounding villages, namely, Bhanri, Drola, Droli, Main, Purana Dakala and New Dakala would be adversely affected by the setting up of the Municipal Solid Waste Project. In fact, only two Gram Panchayats have passed the resolution in their proceeding books i.e. Gram Panchayat, Daroli and Gram Panchayat, Darola, whereas the other Gram Panchayats i.e. Main, Bhanri, Dakala etc. never passed any resolution as wrongly stated by the petitioners. Even the distance of said villages is between 3 to 8 Kilometers from the project site. CWP No. 16218 of 2010 4 Therefore, they have no locus standi or cause of action to institute the instant petition. An objection has also been raised for not impleading the Gram Panchayat, Dudhar as a party respondent. The petitioners have challenged the resolution, dated 10.8.2010, without availing the remedy before the Director, Rural Development and Panchayats, Punjab. It has also been asserted that the project would conform the norms prescribed by the Pollution Control Board to ensure that no threat is caused to the health of the villagers. The raw waste of the Municipal Solid Waste Project would be recycled into various consumable by-products.
5. In the written statement filed by the Municipal Corporation, Patiala-respondent No. 3 it has been highlighted that under Sections 3, 6 and 25 of the Environment (Protection) Act, 1986 (for brevity, 'the Act'), the Ministry of Environment and Forest, New Delhi, has made the Rules, known as 'the Municipal Solid Wastes (Management and Handling) Rules, 2000 (for brevity, 'the Rules') to regulate the management and handling of the municipal solid wastes. Rule 4 and 5 of the Rules fixes the responsibility of every municipal authority and the State Government for collection, segregation, storage, transportation, processing and disposal of municipal solid wastes as well as enforcement of the provisions of the Rules. Rule 6 and 7 of the Rules contains the provisions regarding management of municipal solid wastes and in Schedule- III appended to the Rules various specifications have been provided how it is to be done.
6. In para 3 of the preliminary submissions it has been explained that after framing of the Rules, the Department of Local Government, Punjab, has taken steps for developing the integrated municipal solid waste processing plants across the State of Punjab CWP No. 16218 of 2010 5 including Patiala. Such processing plants have to be developed in clusters. Each cluster comprises a major town and other peripheral towns. The Municipal Solid Waste Project includes door to door collection of solid waste from all towns/cities, its transportation, processing and scientific disposal in the common engineered landfill facility along with transfer stations. The transfer stations would serve as collection centres for municipalities in surrounding area and the collected waste would then be transported to the central landfill facility. It is estimated that the inert waste not to exceed 20% would be dumped in the Sanitary Landfill. The project is being developed on the integrated and regional basis covering 15-30 towns under a Municipal Solid Waste cluster approach wherein all towns/cities of the State would be covered for municipal solid waste management in scientific manner under a State Level Master Plan. It has been submitted that the project has been developed and implemented as per the provisions of the Rules, which is environment friendly and, thus, there would not be any pollution threats.
7. It has further been explained that after careful survey and analysis, the site in question has been finalised at village Dhudhar, which is located approximately 1.27 to 2.00 kilometers away from the habitation cluster. About 75% to 80% of the solid waste is expected to be converted/recycled into usable form and only inert of 20-25% would be sent for disposal at Scientific Landfill site. It would also generate employment for nearby villages and have a positive impact on the socio economic environment.
8. In the written statement filed by the Punjab Pollution Control Board-respondent No. 4, in reference to the pollution created by the already set up industries as alleged by the CWP No. 16218 of 2010 6 petitioners, it is stated that the Punjab Pollution Control Board monitors the functioning of the industrial units from time to time. The air and water pollution emitted out of those industries is found to be within the norms prescribed under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.
8. We have heard learned counsel for the parties at length and perused the paper book with their able assistance. We find no substance in the averments made by the petitioners and are satisfied with the reply filed by the respondents. The petitioners have not been able to bring on record any statistical data showing that how much of pollution or nuisance would be created by setting up the Solid Waste Project at the site in question. They have alleged that there is inhabitation near the site and on the contrary the Municipal Corporation, Patiala-respondent No. 3 has specifically denied this fact and rather placed on record the site plan showing that the site in question is more than 1.27 to 2 Kms. away from the Phirni /abadi of village Dudhar (R-3/2). The Municipal Corporation- respondent No. 3 has made specific averments that it has chalked out a methodology for waste collection, segregation, transportation and disposal at site, which is as follows:
"(i) Door to door waste collection system to ensure segregated collection of waste.
(ii) Appropriate storage of mixed/segregated waste at Transfer Stations. Transportation of waste shall be done in covered vehicles.
(iii) After unloading MSW on the tipping floor/pits at processing plant, it shall be immediately sprayed with herbal insecticide to retard its rate of CWP No. 16218 of 2010 7 decomposition thereby reducing any chance of foul smell.
(iv) MSW shall not be allowed to stay unprocessed in the building, for more than 2 days.
(v) The proper cleaning of tipping floor shall be taken up once in 24 hours.
(vi) Construction equipments shall be fitted with noise shields.
(vii) Noisy construction equipments would not be permitted during night hours.
(viii) Air emission standards envisaged for the project shall be superior to applicable National Standards, resulting in better air quality.
(ix) In order to repel rodents, the liquid discharge produced by washings and leachate, if any shall be taken out through proper water traps and underground pipes rather than through open drains.
Further, about 75% to 80% of solid waste is expected to be converted/recycles into usable form and only inert (20-25%) will be sent for disposal at Scientific Landfill Site. The proposed project will also lead to employment generation from nearby villages and will have a positive impact on the socio economic environment."
9. It is, thus, evident that once the above steps, which are in consonance with the specifications provided in Schedule-III attached with the Rules, are taken care of while setting up of the Municipal Solid Waste Project at village Dhudhar, there would be no CWP No. 16218 of 2010 8 problem of pollution etc., as has been apprehended by the petitioners. It has also come on record in the written statement filed on behalf of respondent Nos. 1 and 2 that earlier the land in question was in the illegal possession of the villagers and the Gram Panchayat after litigating against the petitioners before this Court in CWP No. 3789 of 2010, decided on 4.3.2010, has been able to take back the possession of the land from the illegal occupants. Therefore, the only motive of the petitioners seems to be that that want to create unnecessary hurdles in setting up of the Municipal Solid Waste Project. Therefore, we see no merit in the instant petition warranting admission and no interference by this Court is called for. Accordingly, the writ petition fails and the same is dismissed.
(M.M. KUMAR) JUDGE (RAJIV NARAIN RAINA) RAINA) November 15 15, 2011 JUDGE Pkapoor