Manoj Bhatt vs State of Uttarakhand & others

In this petition also, the question of a great public importance has been raised since the garbage is being dumped by the respondent no.4 in a most scientific manner in the forest area in District Pithoragarh.

According to the petitioner, 20 villages are affected by dumping of garbage by the respondent no.4 in the forest land.

Respondent no.4-Municipal Board, Pithoragarh has also filed its reply. According to the reply, the dumping was being carried out in the forest land for last 40 years. It is the most suitable place according to the reply for dumping the garbage. The matter was taken up with the State Government for allocating the land, however, till date, no decision has been taken.

Petitioner has specifically highlighted that the bio-medical waste as well as municipal waste is being dumped in open in forest area which has further degraded the environment and ecology of the area. It has also been stated that the site, where the dumping is being carried out, is near the water body. Respondent no.4 cannot be permitted to dump the garbage in the forest area, that too, in a very unscientific and unhygienic manner.

We have gone through the record. The local authority is required to follow the Solid Waste Management Rules, 2016 as well as Bio-Medical Waste Management Rules, 2016 in letter and spirit.

Accordingly, the writ petition is allowed. There shall be a direction to the respondent no.4- Municipal Board, Pithoragarh, not to dump the garbage in the forest area forthwith and to find out a suitable site and to dispose of the solid waste and the bio-medicate waste strictly as per the Rules governing the field forthwith.