Nafi Ahamad vs State of Uttarakhand & another

The present petition, in the nature of public interest litigation, has been filed by the petitioner pro bono publico, seeking a direction to the respondents to take immediate steps for removing the garbage from Village-Puchdi in the close proximity of Kosi River.

According to the averments made in the petition, the respondent no.4-Nagar Palika Parishad, Ramnagar is dumping the garbage on the bank of river Kosi which has deteriorated the environment and ecology of the area. Petitioner has made several representations to the authorities concerned not to dump the garbage near river Kosi and village Puchdi. It has also been mentioned that the medical waste generated by the hospitals is also dumped at the banks of river Kosi.

We have gone through the photographs placed on record. These are very disturbing photographs. We can see the cows and other animals present on the dumping yard. The dumping yard is just on the banks of river Kosi. Dumping of garbage is also visible in river Kosi.

On behalf of the State Government, a reply has been filed by respondent nos.2 and 3. It is stated in the reply that the representations made by the petitioner were addressed to and necessary directions were issued to the respondent no.4-Nagar Palika Parishad to take immediate remedial measures vide letters dated 3.12.2014 and 30.1.2015.

According to the reply filled by respondent nos.2 and 3, the municipal waste is being dumped in village Puchadi for last 35-36 years. Respondent no.4 has sent the proposal to the State Government for allotment of a separate chunk of land, however the same was rejected.

Petitioner has filed rejoinder to the reply filed by respondent nos.2 and 3 and has reiterated that the municipal waste is being dumped near the bank of river Kosi and near village Puchadi.

Respondent no.4-Nagar Palika has also filed its reply. It is stated in the reply that the garbage is collected from door to door basis and thereafter, it is buried in Puchadi.

However, it is evident from the material placed on record that the garbage is just dumped in the river Kosi and near village Puchadi. There is no justification

for permitting the respondent no.4 to dump the garbage in Kosi river and near village Puchadi only for the reason that this unhygienic and unscientific practice is in vogue for last 35-36 years.

Respondent no.5 -Uttarakhand Pollution Control Board has also filed his reply. It is stated in the reply that the action was taken against respondent no.4- Nagar Palika Parishad and the proceedings are pending before the Special Judge, Dehradun.

What emerges out from the facts, enumerated hereinabove, is that the respondent no.4 is dumping the garbage in river Kosi in a most unscientific manner. The garbage is thrown into the river which further pollutes its quality. The garbage is eaten by stray animals including cows affecting their lives. The disposal of garbage in an unscientific manner leads to air as well as water pollution. The medical waste is also being dumped in the same place in an unscientific manner without following the mandate of law.

Accordingly, the petition is allowed. There shall be a direction to the respondent no.4- Nagar Palika Parishad, Ramnagar not to dump the garbage in river Kosi and near village Puchadi forthwith.