Mr. S. Yuvaraj vs Secretary To Government And Ors

We have heard the learned counsel for the applicant and respondents and perused the records. The applicant is challenging the order of the District Collector, namely 6th respondent dated 26.11.2014 by which the District Collector has rejected the representation made by the applicant and other residents of the area for the purpose of giving up the place allotted for Solid Waste Management (SWM) in the Fertilizer Park in Sankari Town Panchayat. On a perusal of the impugned order, it is clear that the Collector, while handing over the land to the Town Panchayat for the purpose of constructing the MSW process in Sankari Town, has taken note of every aspect into consideration including the cultivating lands, as well as the residential areas. In fact, the Collector has on enquiry come to the conclusion that there is no case for such dispute at all. On the other hand, the Collector, in our view, has taken a correct stand by implementing the Natural Fertilizer Park in the concerned land taking note of the fact that it will not cause any health hazard and it will not affect any cultivating lands and ground water.

The learned counsel appearing for the applicant would however submit that the Collector has not sought permission from the Tamil Nadu Pollution Control Board (Board). According to him, a School is situate in the nearby area which may be affected by the project. His contention is that if the Board is directed to inspect the spot taking note of this aspect about the existing of the School and take an appropriate decision, he will be satisfied.

Considering the above said submissions made by the learned counsel for the applicant and after hearing the Tamil Nadu Pollution Control Board as well as the other respondents, we direct the Tamil Nadu Pollution Control Board to make a spot inspection forthwith and decide the feasibility or otherwise of the scheme in the said Sankari Taluk and pass appropriate orders regarding the same expeditiously and in any event within a period of two weeks from the date of receipt of a copy of this order. With the above observation, the application shall stand dismissed. There will be no order as to cost.