K.K.SASIDHARAN, J This public interest litigation has been filed by Shelter Trust, a registered Non-Governmental Organisation stated to be engaged under the socio-economic development of the poor in and around Kodaikanal and deeply committed in protecting and preserving the fragile eco-system in and around Kodaikanal.
2. The petitioner prays for a Writ of Mandamus directing the Kodaikanal Muncipality to stop the dumping of garbage in the Seeradumkanal Village in Kodaikanal Taluk, as according to the petitioner, the seventh respondent has been dumping mixed untreated garbage consisting of wet market waste, house work glass, tins, plastics, papers and carcasses etc., at a site in Seeradumkanal Village directly above the drinking water source for Perumalmalai and Palani Town and the said site is also very close to the Tiger Shola Reserve Forest.
3. It is the case of the petitioner that the presence of untreated mixed garbage including plastics endanger the flora and fauna to the nearby forest areas and on account of plastics get scattered all over the forest area, a number of wild and endangered animals have died in the forest due to consumption of such plastics and on account of the dumping of untreated wet garbage, lot of grey and silver biting flies get attracted to the site and these flies then feed on wild animals causing their death. Therefore, according to the petitioner, in public interest, safety and health, the respondents, especially the seventh respondent has to be injuncted from dumping the garbage in Seeradumkanal Village in Kodaikanal.
4. The seventh respondent, who is the Commissioner of Kodaikanal Municipality, has filed a counter-affidavit denying the various allegations made in the affidavit filed in support of the writ petition. According to the seventh respondent, the Kodaikanal Municipality has taken several efforts to maintain the beauty of the hill station and for the purpose of dumping the garbage of Kodaikanal Town, they have taken assignment of land to an extent of 0.81.00 hectares of property in R.S.No.235/3 part and an extent of 0.12.00 hectares in Survey No.229/7 part from the Government and the assignment was made by the Government after inviting objections to the proposed transfer from the public. There were no objection for the proposal and ultimately assignment was made by the sixth respondent in favour of the seventh respondent for locating the compost yard in the property.
5. The seventh respondent further contended in their counter-affidavit that the proposed site is 16 kilometres away from Kodaikanal town and 6 kilometres away from the old compost yard and after reclamation and forming of roads, bridges, etc., the garbage of Kodaikanal Municipality collected from Kodaikanal town are being dumped in the site. The mixed garbage with plastic, glass, tins, etc., are being segregated first at the collection point itself and carried to the dumping yard in lorries in separate compartments. It is the further contention of the seventh respondent that there is a ban for using plastics in Kodaikanal town with effect from 16.06.2000 and anybody using plastics will be fined in accordance with the Resolution No.2219 dated 04.06.2000 as approved by the Municipal Council of Kodaikanal Municipality. The seventh respondent also contested the claim of the writ petitioner with regard to location of the dumping yard. As per the counter-affidavit, drinking water for Perumal Malai is being taken from Palani Road jungle stream which lies in a very high elevation than the dumping yard and the distance between the said water source and the present dumping yard is more than 10 kilometres. Similarly, the Tiger Shola Reserve Forest is far away from the dumping yard and the same is situated about 5 to 6 kilometres away from the dumping yard. According to the seventh respondent, the present site was chosen as the suitable place, as it did not affect the environment. As such, the seventh respondent prayed for dismissal of the writ petition.
6. During the pendency of the writ petition, the officials of the third respondent inspected the site and submitted a status report on the Municipal solid waste dumping site at Seeradumkanal Village in Kodaikanal and as per the said report dated 19.11.2004, there are shortfalls in the matter of dumping of garbage and according to the inspecting officials, the Municipality has to carry out necessary steps for implementation of Municipal Solid Waste (Management & Handling) Rules, 2000 and they have also indicated in the said report about the steps to be taken by the seventh respondent. The seventh respondent subsequently filed a status report on 28.08.2007, wherein it has been indicated, various steps were taken by the Municipality for disposal of the garbage. He has also stated in the report that the Municipality has applied to the Tamil Nadu Pollution Control Board for their permission under the Municipal Solid Waste (Management & Handling) Rules, 2000 in respect of the land purchased by them for garbage disposal and accordingly, permission was granted by the Tamil Nadu Pollution Control Board, Dindigul as per proceedings dated 01.07.2005, subject to certain conditions.
7. According to the seventh respondent, they have undertaken the measures to comply with the conditions imposed by the Tamil Nadu Pollution Control Board and the works, so indicated, are extracted below:
"1.To prevent the seepage passing through the site the Municipality has proposed to provide cement concrete pavement and retaining walls. This work is being taken up under the (G.O.I) tourism development fund.
Now 60 metres length of the retaining wall out of 150 meters has been completed. Entire work will be completed before 30.11.2007. Simultaneously levelling of the up stream side is also under progress. Being soft rocky and terrain in nature, the entire work of levelling will be completed before 30.11.2007. After the completion of the retaining wall and levelling concrete flooring will be laid with seepage collection drains.
2. To prevent leacheats water entering into the stream the excavated earth removed during the construction of the retaining wall, has been land filled on the existing levelled garbage at the dumping place. After construction of retaining wall the entire levelled portion near the down stream will be concreted with provision of seepage collection drains. After the work the raising of the retaining wall at the valley side will be completed before 31.01.2008.
3. As suggestion by the pollution control board the entire site will be provided with cement concrete flooring after levelling of the area.
4. The entire compost yard has been divided into two layers. After completion of the retaining wall at the centre and raising the retaining wall near the valley and also concrete flooring of both layers with seepage collection drains, action will be taken for providing roofing for the compost yard for preventing the rain water entering in the composting activities.
5. Now segregation at source is being done by both the public and the sanitary workers. Only degradable waste is being transported to the compost yard. Non-degradable waste, such as bottles, mica, plastics, waste metal items etc., are collected in gunny bags and kept separately in an isolate place in the compost yard.
6. The Non-Bio degradable waste such as carry bags, pet bottles, etc., from hotels, educational institutions, commercial areas are collected separately. Certain non-bio degradable waste like metals, glasses are removed and handed over to rag pickers. The removing plastic wastes are stocked in gunny bags.
7. Construction of compound wall around the compost yard will be taken up after the completion of retaining wall and concrete flooring.
8. Information, Education and Communication (IEC) activities are going on with the help of Self-Help Group and Non-Governmental organisations (NGO's) for creating the awareness among the public for segregation, home composting, vermi composting etc.,
9. The garbage dumped in the site belonging to the electricity board has been removed."
8. The seventh respondent also indicated in their status report that they have taken suitable measures for the purpose of complying with the statutory rules framed under the Municipal Solid Waste (Management & Handling) Rules, 2000 and the steps taken in this regard as found in the status report is extracted below:
"1.Levelling of compost yard site by cutting and removal of earth slope rocky surface along with the upstream side boundary of compost yard and also providing storm water drain.
The total estimate for this work is Rs.12.50 lakhs. The work is under progress. As most of the land is rocky and terrain in nature, the surface is being levelled. 65% of the work has now been completed and Rs.8.00 lakhs, being the part payment has been released to the contractor. Balance work is under progress. The entire work will be completed before 30.11.2007.
2. Construction of protection wall on the down stream side of the compost yard.
The estimate for this work is Rs.29.50 lakhs. The work is under progress. Now the protection wall of 65 meter length has been completed. The completed value of work is Rs.12.00 lakhs. 25% to 30% of work is completed. The payment for this work is to be given to the contractor after completion of entire work. The entire work will be completed before 30.11.2007.
3. Providing cement concrete pavement for windrows at compost yard.
The estimate for this work is Rs.27.00 lakhs. Levelling work in upper side of the compost yard is under progress. Only after completion of levelling work formation of windrows will be taken up. The entire work will be completed before 31.01.2008.
4. Providing cement concrete road, chain link fencing around the compost yard & over head tank cum watchmen shed at compost yard.
The estimate value for this work is Rs.29.00 lakhs. As there was no response in the first call, retender has been fixed on 20.09.2007. After disposal of the tender the work will be commenced.
II. Works taken up under Tourism Development (Central Fund).
The following works have been taken under Tourism Development (Central Fund) for the improvement of compost yard.
1. Providing cement concrete approach road in upper side of the compost yard.
The estimate value of the work is Rs.20.00 lakhs. This work is under progress. The sectioning work is being taken up for forming cement concrete road. Material collection for cement concrete work is being done. This work will be completed before 30.11.2007.
2. Providing cement concrete pavement and retaining wall in the lower side of the compost yard.
The estimate value of the work is Rs.20.00 lakhs. The work is under progress. The sectioning work is being taken up for forming cement concrete work. Material collection for cement concrete work is under progress. This work be completed before 30.11.2007.
III. Equipment purchased under Municipal Solid Waste Management Scheme.
The following vehicle and equipments have been purchased and put into use for primary collection of solid wastes.
Proposals for purchase of one dumper placer and 8 dumper bins have been submitted to the Commissioner of Municipal Administration, Chennai for according administrative sanction vide letter Roc.No.1821/2007/E1 Dated 15.06.2007. For purchase of the remaining one dumper placer and 87 dumper placer bins, subject will be placed in the ensuing council meeting for getting approval.
Council subject has been placed before the council for approval.
V. In addition it is proposed to purchase the following vehicles under Solid Waste Management Scheme, at an estimated cost of Rs.70.00 lakhs.
1. Pulverizer ... 1 No.
2. Windrow Turner ... 1 No.
3. Screener ... 1 No.
4. Front end loader ... 1 No.
9. The seventh respondent also indicated in the status report that the steps taken by them, which are duly extracted above, shows the bona fides of the Municipality in the matter of environmental protection and for clearing the garbage without polluting the area.
10. The fifth respondent, namely the District Environmental Engineer, Dindigul also submitted a report in the form of a counter-affidavit detailing the action taken by the seventh respondent. It is stated in the said report that authorization under the Municipal Solid Waste (Management & Handling) Rules, 2000 has been granted to the seventh respondent Municipality to set up and operate waste processing and disposal facility for disposal of the Municipal solid waste generated from Kodaikanal Municipality and the said authorization given on 01.07.2005 has been extended till 31.08.2008 and the fifth respondent also inspected the site on 31.08.2007 and verified the various measures taken by the Municipality to comply with the direction of the Pollution Control Board. In paragraph-10 of the said report, the fifth respondent stated that the compliance of the precautions prescribed in the authorization and also by providing impervious concrete platforms for windrows, leachate collection arrangements and completely reusing the collected leachate, preventing the entry of rain water over the windrows thereby minimising the generation of leachate and providing storm drain along the mountain side so as to ensure that drinking water is not entering into the compost yard would ensure that no pollution is caused due to the operation of the compost yard in the said location.
11. The writ petitioner has filed objection to the status report filed by the seventh respondent, wherein the claim of the Municipality with regard to the action taken to avoid environmental pollution was disputed and according to the writ petitioner, the site in question is unsuitable for dumping garbage in view of its close proximity to the Blackburn Shola. According to the writ petitioner, the expenditure to be incurred for making the present place as a dumping yard would be a total waste of public money as the seventh respondent have chosen an ecologically fragile site for setting up of dumping yard and to prevent the damage, it will cause to the environment, they have to spend large amount and accordingly, the petitioner disputed the very bona fides in the claim of the seventh respondent.
12. The writ petitioner also filed objection to the status report filed by the Pollution Control Board, wherein after disputing the various findings in the report, the petitioner has stated that the Pollution Control Board ought not to have permitted for setting up of a compost yard at the said location.
13. Thiru T.Mohan, learned counsel for the petitioner contended that the site in question is unsuitable for disposal of garbage and is a threat to the environment, if the seventh respondent is permitted to dispose of the garbage in the present location. According to the learned counsel, there is clear violation of the Municipal Solid Waste (Management & Handling) Rules, 2000 in all aspects and the learned counsel also took us through the various rules and contended that all the mandatory rules have been flouted by the seventh respondent and accordingly prayed for issuing Mandamus as prayed for in the writ petition.
14. Thiru.V.Radhakrishnan, learned Senior Counsel appearing for the seventh respondent submitted that the site in question was selected by following the due procedure and in fact, to the public notice issued by the sixth respondent calling for objections against the assignment of site to the seventh respondent for the purpose of locating the garbage disposal yard, there was no objection from the public and all the entire expenditure was incurred by the Municipality only with a view to dispose of the garbage without causing any sort of problem to the general public. It is the further contention of the learned Senior Counsel that the seventh respondent was granted necessary clearance by the Tamil Nadu Pollution Control Board, of course, with certain conditions and the validity of the authorization has been extended upto 31.08.2008. The Municipality is in the process of adhering to the conditions imposed by the Tamil Nadu Pollution Control Board for granting permission to locate and maintain the dumping yard and those steps are taken and the Municipality will be in a position to make the garbage dumping yard fully operational within a couple of months and once the steps taken are completed, there will not be any problem either to the general public or to the environment and as such, it is too premature to come to a conclusion that the Municipality has failed to protect the environment and for grant of Mandamus to stop the dumping in the place required by the Municipality for disposal of garbage.
15. We have considered the rival submissions and we have also gone through the status report filed by the Tamil Nadu Pollution Control Board as well as the seventh respondent.
16. It is true that the respondents are duty bound to protect and preserve the environment and a clean and healthy environment is part of the right to life enshrined in Article 21 of the Constitution of India. But, at the same time, provision has also to be made for the disposal of garbage collected in the Municipality as Municipality being the local Self Government is expected to preserve the environment free from pollution.
17. In the present Era witnessing the all round development of city coupled with the growing residential colonies, and commercial establishments, it is a difficult task for the Municipalities and Corporations for the disposal of garbage and other wastes and this results very often in compelling the local Government to find out places in remote areas and in many cases even beyond the limits of the Corporation or Municipality for garbage disposal and for the said purpose, to transport the garbage from the collecting point to the point of disposal. The selection of site is also a difficult task on account of expansion of town even to the interior places.
18. So far as the disposal of garbage is concerned, before selection of such sites, the Municipality or the Corporation has to address itself on various issues relating to pollution and other environmental issues that may come up on account of such disposal. Once the garbage disposal yard is located in a particular place, the local Authority entrusted with the responsibility to protect the environment as well as to maintain the hygiene in the area, faces a very difficult situation. During the initial stage, when the local Government proceeds for acquiring a site for disposal of garbage, they could seek the help of experts and environmentalists in the matter of location of site and after consulting the Experts with respect to particular location, sites could be selected for locating the dumping yards for dumping garbage and for its effective disposal. However, in cases, like the present one where the Municipality has already established a dumping yard by getting assignment of land from the Government, it would be the endeavour of all including the environmentalists to see as to how the problem could be solved by minimising the injury to the environment. In the said process, non-Governmental organisations, like the petitioner and other organisations working for the protection of environment could play a vital part in associating with the Government as every action of the Government is to protect the interest of the citizen so as to enable the public to have a clean and healthy surrounding.
19. So far as the present dispute is concerned, admittedly the property was purchased by the seventh respondent as early as in 2000 for the purpose of using it as a compost yard and the matter as now stands the seventh respondent has invested considerable amount to make it as an unobjectionable site and to avoid any kind of pollution. From the status report filed by the seventh respondent as well as the Pollution Control Board, it is evident that the Municipality is in the process of implementing the various measures as suggested by the Pollution Control Board and the Municipality itself appears to have fixed an outer time limit for completion of various measures and earmarked funds for the same. The success or failure of the scheme initiated by the seventh respondent could be decided only after the completion of the measures taken in compliance with the direction of the Pollution Control Board and as such, it is too premature to comment on the possible effect on the environment in case the garbage is disposed in the present premises.
20. However, the Municipality cannot act as an Adversary in a litigation like this where the petitioner is attempting to project an issue relating to environment and to protect the health of human beings and animals. The Municipality could take the petitioner also into confidence while evolving measures for disposal of garbage and suggestion could be made by experts in the field besides N.G.O's., like the petitioner and in case measures are taken keeping in accordance with the suggestions given by the various bodies, it will enable the seventh respondent to dispose the garbage without affecting in any manner the environment as also the life of human beings. In such circumstances, keeping the larger public issue in mind, we permit the writ petitioner to suggest measures whereby the proposed place could be used for disposal of garbage without causing any damage to the environment and it is needless to say that such suggestions given by the petitioner shall be duly considered by the seventh respondent in its letter and spirit and implement such reasonable suggestions in the interest of general public. The seventh respondent also should comply with all the directions issued by the Pollution Control Board so far and also the directions to be given henceforth for the purpose of complying with the pollution norms and the Pollution Control Board also should monitor the functioning of the compost yard and intimate the shortfalls as well as measures to be taken to the seventh respondent. In case the Board feels that any further measures are also to be taken, the Municipality has to comply with all such directions. It would also be the endeavour of the Municipality to comply with the directions within the time frame suggested by the Pollution Control Board and the Municipality also should see that the necessary measures are taken in its letter and spirit and not in paper for the sake of submitting a compliance report.
21. Therefore, we do not find any reason at this stage to grant a Mandamus as prayed for by the petitioner and as indicated above, it will be open to the petitioner to associate themselves with the seventh respondent for the purpose of protecting the environment and for the smooth functioning of the compost yard for the purpose of disposal of the garbage and to save the town from insanitation.
22. With the above observation, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
SML To
1.The Secretary to Government, Ministry of Environment and Forests, 6th Floor, CGO Complex, Paryavaran Bhavan, Lodhi Road, New Delhi.
2.The Secretary to Government, Department of Environment and Forests, Fort St. George, Chennai - 600 009.
3.The Member Secretary, The Tamil Nadu Pollution Control Board 100, Annasalai, Gunidy, Chennai - 600 032.
4.The Director, Town and Country Planning, Anna Salai, Chennai.
5.The District Environmental Engineer, Dindigul.
6.The District Collector, Dindigul.
7.The Commissioner, Kodaikanal Municipality, Kodaikanal - 624 101.
8.The District Forest Officer, Kodaikanal.
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