SAK Shaik Dawood And Ors vs Chairman And Ors

The application is filed for a direction to the respondent No. 4 not to dump the Municipal Waste along the sides of L.F. Road, Papparapalli, Kayalpattinam Municipality, Thiruchendur Taluk and also for a direction to respondent No. 4 to take remedial measures.

The applicant alleged that the respondent No. 4, Municipality is dumping all the Solid Waste on the side of L.F. Road and private land which leads pollution and therefore there should be a direction to respondent No. 4 not to dump the Solid Waste on the side of the road.

The application was filed based on the provisions of the Municipal Solid Wastes (Management & Handling) Rules, 2000 which now stands superseded the Solid Waste Management Rules, 2016. Respondent No. 4 originally filed a statement undertaking that the Municipality will not dump the Solid Waste along the sides of L.F. Road, Papparapalli. Later, a detailed reply was filed disclosing that the total area of the Municipality is 12.50 Sq.Km and solid waste generation within the Municipality is about 12 Tonnes per day and out of the said 12 Tonnes, 8 Tonnes are biodegradable waste and the Municipality had already taken steps for construction of a Bio-methanisation Power Plant which could not be started because of the pending litigation. It was contended that in Application No. 50 of 2016, the Tribunal restrained the Municipality from dumping the Solid Waste in the disputed site therein.

Heard the learned counsel appearing for the applicant and the respondents.

The grievance of the applicant is with regard to the dumping of Solid waste on the side of L.F. Road. According to the applicant, the L.F. Road is not described in a restricted area but includes the Tar road as well as the side roads passing through the residential area and relief sought for is not to dump Solid Waste anywhere on the sides of any of the roads.

In law, the Municipality cannot dump any Solid Waste on the sides of the road or in the private land. Subsequent to the coming into force the Solid Waste Management Rules, 2016, even the concept of dumping of Solid Waste is now visualised. The Solid Waste generated at the residential houses and commercial establishments have to be collected and segregated. The biodegradable waste as far as possible is to be disposed at the locality of the source of generation itself. If the Solid Waste Management Rules, 2016 is strictly complied with, there would be no necessity for a dumping site as was originally required under Municipal Solid Wastes (Management & Handling) Rules, 2000.

In view of the pendency of OA No. 50 of 2016, we do not find it necessary to go into that aspect in this application. Suffice to find that the Municipality themselves has undertaken not to dump any solid waste on the sides of L.F. Road. In law, the Municipality is not entitled to dump any solid waste on the sides of the road, include the roads passing through the residential area. In such circumstances, we find no necessity to keep the matter pending.

The application is therefore disposed directing respondent No.4 not to dump any Solid Waste on the sides of L.F. Road or the roads, passing through the residential area at Papparapalli or anywhereelse in the Municipality. Respondent Nos. 1 and 2 are directed to keep a vigil on the activities and see that Municipality does not dumping any solid waste on the sides of the road.

The application is disposed accordingly, with no order as to costs.