IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Civil Misc. Writ Petition No. 127 of 2009 (PIL) Ganga Kunj Apartment & another … Petitioners Vs Union of India & others … Respondents Hon’ble B.C. Kandpal, ACJ Hon’ble B.S. Verma, J. By way of this petition under Section 226 of the Constitution of India, the society – Ganga Kunj Apartment through its secretary has filed the public interest litigation seeking the relief for issuing a writ of mandamus directing the Uttarakhand Environment Protection Control Board to take proper steps to ensure that all the discharge of untreated effluent, solid waste and bio-medical waste is stopped forthwith at Sahastradhara Road near Daandalakhon where the apartment is situated. 2. We have heard Ms. Menka Tripathi, learned counsel for the petitioner, Sri S.S. Chauhan, learned counsel for the respondent Nos. 1, 6, 7 and 8, Sri P.C. Bisht, learned Brief Holder for the State/respondent Nos. 2 and 5, Sri A.K. Agarwal, Advocate, holding brief of Sri Sudhir Singh, learned counsel for respondent No. 3-Uttarakhand Environment Protection and Pollution Control Board and perused the record. 3. Basically, the petitioner has sought the relief to issue the direction to the Environment Protection and Control Board for taking steps to discharge of untreated effluent public solid waste and bio-medical waste dumped near the apartment. 2 4. We have gone through the Bio-Medical Waste (Management and Handling) Rules, 1998 which have been annexed as annexure No. 4 to this petition and we are of the view that the entire procedure for dealing with the discharge of untreated effluent, solid waste and bio-medical waste which is dumped at a particular place has been envisaged therein. The petitioner has remedy to seek the protection under the various provisions of the Environment Protection Act 1986 and the aforesaid Rules. We could lay our hands to annexure No. 2 by which it reveals that the Pollution Control Board has issued the show cause notice to the municipal corporation. 5. In case, the petitioner is aggrieved by the steps taken by the Pollution Control Board, he may seek the redress for his grievance under the other provisions of the Environment Protection Act 1986 and Rules, but this Court is not supposed to interfere in the matter at this stage. 6. Accordingly, the petition (PIL) is dismissed in limine. (B.S. Verma, J.) (B.C. Kandpal, ACJ) 22.09.2009 RCP/ASWAL