Karnataka High Court: A Division Bench of Ritu Raj Awasthi CJ. and S. R Krishna Kumar JJ. issued directions regarding setting up of solid waste management units after expert opinion from concerned authorities.
The instant writ petition was filed under Articles 226 and 227 of the Constitution of India praying to issue writ in the nature of mandamus or any other appropriate writ directing the respondent authorities to shift the location identified for setting up solid waste management unit of Somanahalli Grama Panchayat of Amabigarahalli village of Mandya district.
Counsel for petitioners submitted that the location of the site for solid waste management is not at all proper and correct. It is submitted that it is very much near to the river and as such, there is strong apprehension that the solid waste dump at the proposed site may pollute the river. It is also submitted that nearby there are temples and as such, it may affect the religious sentiments of the people visiting the temples. It may also cause environmental pollution and health hazards for the people living nearby the area to the site. The petitioners who are said to be the residents of the area have raised the grievance but, it has not been considered by the Authorities concerned.
The Court observed that it is for the concerning Authorities to find out the most suitable place for the establishment of the solid waste management unit. The impact of dumping of solid waste is to be kept in mind while deciding the location of the site. It shall not affect the residents of the area and the environment at large.
The Court held “We, therefore, dispose of this writ petition with the observation that the petitioners may raise their grievance by way of fresh representation within a period of ten days from today before respondent no. 4- Deputy Commissioner, DC office, Mandya District, who may look into the matter and if need be , take an expert opinion, and pass appropriate orders in accordance with law expeditiously, say, within a period of six weeks from the date of certified copy of this order along with the representation is placed before him.”[A B Devaraju v. State of Karnataka, WP No. 6386 of 2022, decided on 29-03-2022]
For petitioner- Sri Sharath S Gowda
For respondent- G V Shashi Kumar