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Rajasthan High Court directs petitioner to move a representation before commissioner on the issue of illegal dumping yard

The Rajasthan High Court directed the petitioners to move a representation before the Commissioner, Municipal Corporation, Sri Ganganagar detailing out their grievances along with the necessary documents on the issue of illegal dumping yard.

The Division Bench of Justice Vijay Bishnoi and Justice Praveer Bhatnagar disposed of a Public Interest Litigation (PIL) filed by the petitioners, who are the residents of Chak of District Sri Ganganagar, raising a grievance that the Municipal Corporation, Sri Ganganagar has illegally set-up a dumping yard, whereby the solid, liquid and medical waste is being dumped un-authorizedly.

It is the case of the petitioners that nearby the illegal dumping yard, many houses of the residents of the villages are situated and their agriculture lands are also adjacent to it and due to the said illegal dumping yard, the petitioners and other residents of the area are facing great difficulty.

It is claimed by the petitioners that as per the Solid Waste Management Rules, 2016, dumping a solid waste processing facility has already been ear-marked at village – Netewala of District Sri Ganganagar and consent for establishing a solid waste processing facility has also been granted by the Rajasthan State Pollution Control Board, however despite the same, the respondent – Municipal Corporation is dumping the solid, liquid and medical waste near the residential area illegally.

It is argued by counsel for the petitioners that from last so many years, the petitioners and other residents of the area are making representations to the Commissioner, Municipal Corporation, Sri Ganganagar as well as to the District Collector, Sri Ganganagar, but the said authorities are not paying heed to their representations and illegal dumping near the residential area is still continuing.

Having heard counsel for the petitioners and after going through the material available on the record, the Bench deemed it appropriate to allow the petitioners to move a representation before the Commissioner, Municipal Corporation, Sri Ganganagar detailing their grievances along with the necessary documents. The Municipal Corporation, Sri Ganganagar shall consider the said representation and take appropriate steps to redress the grievances of the petitioners and all other residents of the area concerned within a period of two months from the date of filing of the representation strictly in accordance with law , the Court directed.

The Court said that if the grievances of the petitioners are not redressed by the Municipal Corporation, Sri Ganganagar, the petitioners can again avail appropriate remedy, against the action/inaction of the Municipal Corporation, Sri Ganganagar, available to them under the law.

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