Amit Taneja vs State Of Punjab And Others

Sheel Nagu, CJ

The instant petition under Articles 226/227 of Constitution of India, has been filed by a resident of Jalandhar-I, Punjab, who is aggrieved by the non-compliance of Proposed Land Use Plan (2009-2031) for Jalandhar City.

It is alleged by the petitioner that a garbage dumping site is encroaching upon a 66-feet-wide road near the STP in Municipal Corporation, Jalandhar, for the purpose of the proposed Solid Waste Management Project.

It is further alleged that, vide minutes dated 12.12.2023 (Annexure P-2), a DPR has already been issued for establishment of a processing-cum-material recovery facility of MSW at Pholrwal STP in Municipal Corporation, Jalandhar, and yet no efforts have been made to execute the said project.

The Municipal Corporation, Jalandhar, has come out with response, wherein it is revealed that the facilities for having open-pit storage of garbage are situated in an area where a sewerage treatment plant already exists and is functional over an area of 61 acres.

The reply further reveals that the Processing-cum-MRF Center will not serve as a dumping site, as alleged in the petition, but are used for segregation of solid waste and after segregation compost and tiles will be manufactured. It is also alleged that there is no encroachment on the road, which fact is not denied by learned counsel for the petitioner.

After having gone through the reply submitted by Municipal Corporation, Jalandhar, we feel that the concern of the petitioner, for the time being, stands satisfied.

The NIT has been issued for inviting eligible contractors for the assignment of work of segregation and processing of waste produced by Jalandhar City.

The counsel for Municipal Corporation assures that the said tender would graduate into an agreement within a period of six weeks from today.

We further direct that no site shall be used in any part of the city of Jalandhar for dumping of garbage (wet, dry or chemical). Such dump leads to foul smell, air and water pollution and hot-bed for spreading diseases. Garbage produced by city of Jalandhar shall be brought to the garbage processing unit or STP on a daily basis to be processed and converted into tiles etc. on the very same day.

Let the aforesaid directions be complied with and a compliance report be filed within a period of 30 days, failing which the petitioner is free to revisit the Court.

Disposed of.

Pending application(s), if any, also stand disposed of.