WP(C) 4056/2007 BEFORE HON’BLR MR. JUSTICE B.K. SHARMA. Heard Mr. J. Roy, learned counsel for the petitioners as well as Mr. D. Saikia, learned counsel representing the Respondent No.8. I have also heard Ms R. Chakraborty, learned State counsel and Mr. D. Baruah, learned counsel appeari ng for the Pollution Control Board. The petitioners numbering 41, are aggrieved by the proposed action of th e respondents in making use of the land covered by Dag No.178 and 179 of village Lankajan, Jamunachit, under Mouza Hojai Circle, Hojai, District Nagaon, Assam f or construction of solid waste garbage disposal by the Hojai Municipal Board. Ac cording to the petitioners, they are in occupation of about 70 bighas of Governm ent land including the area under proposed construction of the garbage site. Th e petitioners have already been issued with notice for eviction. This Court while entertaining the writ petition by order dated 8.8.2007 , directed the authorities to maintain status quo in respect of the land. The Ho jai Municipal Board has filed Misc. Case No.1873/2008 praying for vacating the i nterim order. According to the Board, the particular land has been identified on the basis of the report furnished by the administration identifying the same to be suitable for garbage disposal. In this connection, Mr. Saikia, learned counsel appearing for the Hojai Municip al Board has referred to the report furnished by the Sub-Divisional Officer (Civ il), Hojai to the Deputy Commissioner, Nagaon. On the other hand, Mr. Roy, learned counsel for the petitioners submits that if the land is required for the purpose of disposal of the garbage, same will lea d to environmental pollution and the petitioners will be made to suffer for no f ault of their own. He submits that there are other suitable land for the purpos e, which the respondents can easily identify. In Para-4 of the affidavit-in-re ply, the petitioners have stated thus :- 4. That with regard to the statements made in paragraph 4 the deponent deni es the same and begs to state that there is no lack of dumping ground for solid waste around the Hojai Municipality area, as stated by the respondent No.8, rath er hundreds and hundreds Bighas of Govt. waste land remain vacant at Nobhanga an d Kumrakhata, which is only 4 to 5 km away from Hojai Town. These are very suit able place for dumping the solid waste around the Hojai Town which will not only solve the problems of dumping of waste materials without causing any environmen tal pollution but also save the livelihood many poor cultivators of Lankajan (Ja munachit) village area covered under Dag No.178 & 179, who were cultivating the land since more than 50 years. The deponent further begs to state that responde nt No.8 i.e. the Hojai Municipal Board has overlooked the interest of local peo ple of village Jamunasit through there are alternative land for garbage manageme nt. The disputed question of fact as to which plot of land is suitable, is for the authority to decide. There is no dispute that the petitioners are occupying the Government land. It is for the authority to decide as to whether any other plot of land can be utilized for the purpose of disposal of garbage. In view of the above, this writ petition stands disposed of providing that in th e event of necessity to utilize the aforesaid plot of land for the purpose of di sposal of garbage with the resultant effect of eviction of the petitioners, the respondents may do so only by following due procedure. It will be open for the r espondents to consider as to whether alternative site indicated by the petition ers can be made use for the purpose of disposal of garbage.