The Hindu Business Line : Madurai Corpn restrained against dumping garbage

THE Madras High Court has restrained Madurai Corporation from dumping and burning hazardous garbage in open land adjacent to a school and a star hotel as there were reports of gross violation of pollution control laws.

Responding to a public interest litigation preferred by the hotel contending that the act of the civic body in dumping the garbage at the site in Ponmeni village, Madurai, was violative of Government Order No 4 dated September 28, 1983, issued by the Environmental Control Department, the Court issued an interim injunction restraining the Commissioner of the Madurai Corporation "from henceforth dumping and burning the garbage", pending disposal of the petition. Explaining before the Division Bench comprising Mr Justice M. Karpagavinayagam and Mr Justice A.R. Ramalingam, how the Corporation had totally erred in dumping the garbage in a predominantly residential area and had further aggravated the situation by burning it , the counsel for the petitioner, Mr M.S. Krishnan, said that the garbage dump was only increasing in size and emanated foul and pungent smoke when burnt.

Adjacent to the area is a crporation school where 2,000 children are studying. Also, there is a temple and a church. The hotel owned by Hotel Jagam Private Ltd (who is the petitioner) was a star category establishment, the counsel said. Several representations had been made by the petitioner to the authorities concerned drawing their attention to the pollution hazard in the area. The 6th respondent (Tourism Officer, Department of Tourism, Madurai) had conducted an inspection and had reported to the Commissioner of the Corporation as also the Divisional Engineer, TN Pollution Control Board, Madurai about the foul smelling garbage dump and the resultant health hazard. Despite these representations, no action had so far been taken and garbage was dumped in the area.

Acting under the Air Prevention and Control of Pollution Act, 1981 the State Government had prohibited dumping of garbage in areas adjacent to residential houses. The petitioner prayed for issue of an interim injunction restraining the Corporation from dumping garbage in R.S. No. 93 in Ponmeni village and help save the people of the locality from the pollution hazard.

The Bench, while granting interim injunction, ordered notice returnable in two weeks.

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