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Municipality must adhere to norms before opening dumping yard, says HC
Our Legal Correspondent
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Chennai
Feb. 22
The Madras High Court has directed the Bhavani Municipality in Erode District not to use the dumping yard proposed to be located on 10.44 acres amid farming lands in Punnam village, for which `no objection' certificate had been obtained from the State Pollution Control Board.
Disposing off a writ petition by an agriculturist Mr K. Shanmugam, praying for an order refraining the Municipality from using the land for dumping garbage, the First Bench, comprising Chief Justice Mr A.P. Shah and Mr Justice K. Chandru held that the local body could not use the dumping yard without complying with all conditions stipulated by the Pollution Control Board.
Only when it got consent to operate, Municipality could start using the said ground.
The petitioner had expressed apprehension that by dumping of garbage on agricultural fields, ground water would get polluted and several formalities would be left in lurch besides creating pollution of air and water.
The Board, in its letter to Municipality on July 9, 2004, imposed several conditions which were to be adhered to before locating the dumping yard. The stipulations, inter alia, said that only segregated municipal solid waste should be brought to the site and segregation should not be carried out on the site.
Bio-degradable organic wastes should only be composted and other inert and household hazardous wastes should be disposed through secure landfill. The wastes should not be dumped in the site or anywhere else. Proper drainage for collection and disposal of runoff should be made so that the runoff did not gain access to compost yard.
The second respondent (Commissioner, Bhavani Municipality) submitted that all necessary pollution control steps would be taken before dumping garbage on the land.
After completion of compost yard, garbage dumping would be started only after pollution control authorities inspected the yard and certified that yard was in correct form according to specifications.
The Bench said that in the light of submissions made by Municipality and Pollution Board, the apprehension of petitioner was unwarranted.
Recording the statements, the writ petition stood disposed of.
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