Khushi Gupta
Published on: April 5, 2022 at 09:10 IST
The Karnataka High Court has directed the Deputy Commissioner of Mandya District to consider the shift of location of the site proposed for setting up a Solid Waste Management unit. The proposed site is very close to a river and may cause Health and Environmental Hazards.
A Division Bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishna Kumar said, “We, therefore, dispose of this Writ Petition with the observations 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 a Certified Copy of this Order along with the representation is placed before him”.
Case Title: A B Devaraju and Others Vs. State of Karnataka
The Writ Petition was filed by the Petitioner AB Devaraju and other residents under the Articles 226 and 227 of the Constitution to issue the Writ of Mandamus directing the Respondent Authorities to shift the location for setting up Solid Waste Management Unit.
The Learned Counsel for Petitioner submitted that this location is inappropriate as it is very close to river which may pollute it, causing Environmental and Health Hazards.
He also submitted that there are temples nearby and this may hurt the Religious Sentiments of the people visiting the temple.
The Court further added,”We are of the considered view that the Grievance of the Petitioners, who are said to be the residents of the nearby areas where the proposed solid waste management unit is to be established shall be considered by the concerning Authorities and 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”.