D.Harikrishnan v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU and W.M.P. Nos. 35197 and 35198 of 2018 D.Harikrishnan .. Petitioner -vs1. Union of India Rep. By its Secretary to Government Ministry of Environment, Forest and Climate Change Jhorbagh, New Delhi.
2. State of Tamil Nadu Rep. By its Secretary to Government Department of Environment and Forest Fort St. George Chennai - 600009.
3. The Nandivarm Guduvancherry Town Panchayat Rep. By its Executive Officer Kancheepuram District.
4. The Commissioner Director of Town and Country Planning 807, Anna Salai Chennai - 600002.
5. The Tamil Nadu Pollution Control Board Rep. By its Member Secretary 76, Mount Salai Guindy, Chennai - 600032.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records of the respondents culminating in the Tender Notice bearing Na.Ka. No.019/2018/A1 dated 22.10.2018, published on 29.10.2018 issued by the third respondent, quash the same.
For the Petitioner :
Mr.M.R.Elavarasan for Mr.K.Balu For the Respondents :
Mr.K.M.D.Muhilan, AGP (RR2 & 4) Mr.J.Madanagopal Rao (R1) Mr. V.Jaiprakash Narayan (R3) Mrs.Shanmugavalli Sekar (R5)
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.M.R.Elavarasan, learned counsel for the petitioner; Mr.J.Madanagopal Rao, learned counsel, for respondent 1; Mr.K.M.D.Muhilan, learned Additional Government Pleader, for respondents 2 and 4; Mr. V.Jaiprakash Narayan, learned counsel, for respondent 3 and Mrs.Shanmugavalli Sekar, learned counsel, for respondent 5.
2. The issue raised in the present writ petition is covered under the Full Bench of this court in the case of P.Karthikeyan and ors. Vs. Commissioner, Coimbatore Corporation, reported in 2021 SCC
OnLine Mad 5488 : AIR 2022 (NOC 466) 225, has given certain directions to the State Government. The relevant portion is extracted as under:
"250. Accordingly, the following directions are given to the State Government:
(1) The Government is directed to form a Committee at the State, District, Municipal and Panchayat levels with the officials concerned at each level, monitoring the implementation of the SWM Rules, 2016.
(2) The Committees, apart from chosen officials, may also include a concerned member, from the neighbourhood wherever such MCCs or the Compost Yard is to be located.
(3) The Committees are responsible for monitoring the upkeep and maintenance of MCCs and the Compost Yards and any issues relating to improper upkeep and poor maintenance of MCCs, or Compost Yards, the Committees should be empowered to intervene and take immediate remedial action.
(4) Once the site for location of a MCC or other Compost Yard is identified and set up, thereafter, the objections regarding the proper maintenance of the park / recreational area from being spoiled by the operation of
MCC, if raised, shall be addressed, with all earnestness.
(5) The officials who are incharge of MCCs and Compost Yards shall ensure that the disposal facility does not fall into disuse, resulting in the place becoming a dumping yard of garbage, leading to the degradation of the entire open space toxically detrimental to the citizens enjoyment of clean environment.
(6) Any negligence of officials towards proper upkeep and maintenance of MCC or Compost Yards, stern disciplinary action to be initiated promptly against the officials concerned and if negligence is proved, appropriate punishment to be imposed on them.
(7) The Government is directed to issue a comprehensive Circular incorporating all necessary guidelines for the State/ District/ Panchayat Committees in implementation of the various facets of the SWM Rules, 2016, ensuring that the guidelines are strictly followed and implemented on the ground.
251. This Bench, in the conspectus of the above judicial discourse, answers the reference as follows.
252. Location of MCCs or the Compost Yard in the park/play field cannot be construed as Development in
terms of the scheme of the Act, 1971 or the Combined Development Rules, 2019, and therefore, any prohibition contemplated in the statutory rules and regulations does not apply to the implementation of the concept of solid waste management as envisaged in the SWM Rules, 2016.
253. The SWM Rules, 2016, are framed under the Central enactment, viz., the Environment [Protection] Act, 1986. The Rules thus prevail over the State laws to the extent of the implementation of the policies outlined towards solid waste management. Even otherwise, this Court does not see any palpable repugnancy between the SWM Rules, 2016 and the State laws."
3. In the light of that, the apprehension raised in the present Writ Petition is covered under the judgment of the Full Bench of this Court, as referred to above. As such, the Writ Petition stands disposed of. There will be no order as to costs. Consequently, W.M.P. Nos. 35197 and 35198 of 2018 are closed.
(S.V.G., CJ.) (P.D.A., J.) 27.07.2023 Index : yes/no : Yes/No Maya
To:
1. The Secretary to Government Ministry of Environment, Forest and Climate Change Jhorbagh, New Delhi.
2. The Secretary to Government of Tamil Nadu Department of Environment and Forest Fort St. George Chennai - 600009.
3. The Executive Officer Nandivarm Guduvancherry Town Panchayat Kancheepuram District.
4. The Commissioner Director of Town and Country Planning 807, Anna Salai Chennai - 600002.
5. The Member Secretary Tamil Nadu Pollution Control Board 76, Mount Salai Guindy, Chennai - 600032.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(Maya) 27.07.2023