B. Kamli And Ors vs Secretary to the Government And Ors

Application No.157 of 2015 is filed by the applicant claiming to be the owner of Plot No.16 in Survey No.153/1A, Pammal Village, Kancheepuram District seeking to restrain the respondent authorities from dumping the hazardous waste and burning the hazardous waste in the private lands in Survey Nos.150, 152 and 153 of Pammal Village of Kancheepuram District alleging that respondent No.5 Pammal Municipality has dumped the solid and hazardous waste in the private lands and is also burning the waste causing serious environment problem.

Application No.170 of 2016 is filed by the Mahalakshmi Nagar, Renganathapuram, Visweshwarapuram, Residents Association, Pammal claiming the relief of injunction restraining the respondent authorities from dumping municipal solid waste and garbage including hazardous wastes and burning the same in land around private lands in Survey Nos.148, 152, 153 and 154 of Pammal village and also directing the respondent authorities to remove the municipal solid waste, garbage and hazardous waste already dumped in and around the private lands in Survey Nos.148, 152, 153 and 154 of Pammal village and to restore the said lands of Pammal Village by scientific remediation to its original position.

As the Pammal Municipality is not entitled to dump the solid waste in the private lands and they admittedly dumped the solid waste in the private lands for the last several years, directions were first issued not to burn the solid waste and after hearing the respondents, directions were issued to remove the solid waste from all the private lands as stated in the applications. Though, later it was submitted by the Municipality that all the solid waste dumped in the private lands were removed, it was later admitted that it is not so and in the land owned by the Municipality in Survey No.158, there is no space to dump the solid waste which are to be removed from the private lands. As the Municipality cannot continue to dump the solid waste or hazardous waste into the private lands and can dispose the solid wastes only in accordance with the Solid Waste Management Rules 2016, the Municipality was directed to take immediate action. Later, it was submitted by the Municipality that the only way to remove the solid waste dumped in the private lands is by recourse to bio-mining process. As there is no space in the land owned by the Municipality to install the machineries necessary for the process, Municipality sought the assistance of the Tribunal to direct the applicants to permit the installation of the machineries. Though the applicants originally objected, when it was brought to their knowledge that the dumped solid wastes cannot be otherwise removed, they agreed for the same. Though there was some hitch in the agreement to be entered with the Municipality to enable the installation of the machineries in the private lands, a meeting was directed to be convened by the Municipality with the owners of the private lands. Ultimately it is submitted that they had agreed to pemit the Municipality and they entered into an agreement with the Municipality.

Learned counsel appearing for the applicants submitted that though there is an agreement and the Municipality has agreed to complete the bio-mining process within one year and hand over the private lands back to the respective owners, it is necessary to have the order of the Tribunal, as otherwise the time schedule may be violated.

Learned counsel appearing for the Tamil Nadu State Pollution Control Board (TNPCB) also supported the same submitting that otherwise the question of pollution will not be properly redressed.

Learned counsel appearing for respondent No.5, Pammal Municipality in consultation with Mr. U. Saravanan, Municipal Engineer and Mr. R. Sivamurugan, Sanitary Inspector, submitted that it needs 90 days time for installation of the machineries and once that work is over, 9 months further time will be needed to complete the bio-mining process of the solid waste, now dumped in the private lands. If that be so, the work should be over by one year from the date of commencement of the installation of the machineries.

Learned counsel appearing for the Municipality, in consultation with the officers present in the court, submitted that the installation process would be commenced by January 2018.

In such circumstances, the applications are disposed as follows:

Respondent No.5, the Pammal Municipality is directed to commence the bio-mining process by installation of the machineries latest by January 2018. The process of installation of the machineries shall be completed within 90 days namely, before the end of 31.03.2018. The entire bio-mining process shall be completed by 31.12.2018. The lands after the completion of the process shall be handed over on or before 31.01.2019. It is made clear that when the lands are handed over back to the rightful owners, the land should be in a useful condition.

It is made clear that this order is passed in consultation and as agreed to by the applicants and the respondents. The parties are directed to bear their costs.