AI Structured Summary
Not yet generated for this judgment
Judgment
K.L. Manjunath, J.—Heard the learned counsel for the parties. The petitioner who is resident'' of Sajipa Nadu Village, in Bantwal Taluk D.K. District is questioning the authority of the Asst. Commissioner, Mangalore Sub Division, Mangalore in reserving certain extent of land in Sy. No. 109/2, Sy. No. 110(1)(p) of Sajipa Nadu Village, Bantwal Taluk, D.K District for the benefit of Bantwal Town Municipality for solid waste disposal. The order is passed by the Asst. Commissioner, Mangalore Sub division on 9.4.2009. While reserving the land, the Asst. Commissioner has imposed the following conditions:
The land reserved shall only be utilized for the purpose to which it is reserved and not for any other purpose.
The reserved land shall not be alienated.
No encroachment shall be allowed on the reserved land and in such event, the Revenue Department is not responsible.
If any tree growth is in existence, the same shall be disposed of with the assistance of the Department of Forest.
The proposed development shall be made in the reserved land within two years.
The waste materials shall be separated in scientific method and disposed off in the reserved land without affecting the general public residing in the locality.
The waste materials shall be disposed of in accordance with law.
Thereafter, the respondent No. 7 has taken steps to implement the project.
The present petition is filed contending that before reserving the land for the benefit of 7th respondent-Village Panchayath or villagers of Sajipa Nadu Village were not permitted to file objections and it was not made known to the village panchayath as well as the villagers to lodge their objections and that the land granted in favour of 7th respondent is adjoining the Govt. School and other residential localities. Contending that granting of land in favour of Respondent No. 8 for establishment of solid waste materials plant is health hazard, the present petition is filed. Initially an interim order was granted in favour of the petitioner.
Later on the interim order has been vacated by this Court. Thereafter, the project is in progress.
We have heard the learned counsel for the parties. Whenever the Govt. land is to be reserved for the benefit of general public, there is no rule or law requires the Asst. Commissioner to invite objections from the general public. The petitioner is not contending that the purpose for which the land is granted by the Asst. Commissioner is not for public purpose. If the solid waste materials is not disposed of properly, it will be health hazard Therefore, if the land is granted to 7th respondent subject to condition that the plant shall be erected scientifically and disposal of sold waste materials shall also be maintained scientifically without causing nuisance to the general public. This court cannot interfere with such act of the Government.
Accordingly, the petitions are dismissed. The liberty is granted to the petitioner, if the 7th respondent does not manage the plant which is under construction properly, to approach the Court for redressal in accordance with law.