pil231-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION P.I.L. NO.231 OF 2009 Willam Malu & Ors. .. Petitioners Versus State of Maharashtra & Ors. .. Respondents Mr.K.K.Singhvi, Senior Advocate with Mr.A.Dighe and V.P.Sawant for petitioners Mr.R.S.Apte, Senior Advocate with Mandar Limaye for respondent No.2 Mr.A.H.Palekar, A-Panel Counsel for respondent Nos.1, 3 and 6 Mr.S.I.Memon for respondent No.8 Ms.Rekha Panchal for respondent Nos. 4 and 5. CORAM : MOHIT SHAH,C.J. & S.C.DHARMADHIKARI, J. Date : 1st July 2010. P.C. 1] In this petition, purporting to be Public Interest Litigation, the petitioners have challenged the permission granted by Mira Bhayander Municipal Corporation to set up Garbage Plant at Survey Nos.65 and 25 of Villages Uttan and Pali Dist. Thane. The petitioners have also prayed that the above lands be restored as per the reservation shown in the final pil231-09 2 development plan. Petitioners have, thereafter, prayed for an injunction against respondent No.2 from using the above site as garbage dumping or garbage plant. 2] Affidavit in reply is filed by the Municipal Commissioner of the Mira Bhayander Municipal Corporation on 2nd March 2010 indicating that the plant for processing and treating municipal solid waste is in conformity and in consonance with the Municipal Solid Wastes (Management and Handling) Rules, 2000 and that the said rules over- ride the provisions of the Development Control Regulation. It is also stated that the garbage treatment project was made operational in May 2008 and, thereafter, because of the agitation from the local residents in December 2008, the project was halted but after compliance with the objections of local residents the project was re-started in March 2009. Again in September 2009 there were agitations and the residents did not allow to pass the vehicles carrying solid waste to reach the processing plant. pil231-09 3 3] Learned Counsel for parties state that as of today the garbage processing plant is running. 4] Affidavit in reply is also filed on behalf of the Maharashtra Pollution Control Board. The stand taken therein indicate that the Municipal Corporation has been entrusted with the processing of bio- degradable and recyclable segregated municipal solid waste and not for inert material. The result of the various analysis is also indicated in the said affidavit. The affidavit also refers to development of secured land fill site by respondent No.2. 5] Affidavit in reply is also filed by respondent No.8 contending that after getting approvals from the competent authorities the garbage processing plant was set up at an approximate cost of Rs.25 Crores which includes a loan of Rs.10 Crores from a nationalised bank and the remaining amount is from the promoters’ equity. It employs more than 100 employees for its operations and caters to a densely populated locality of Mira Bhayander and is situated far away from the locality as pil231-09 4 can be seen in the satellite image of the photographs. It is further stated that if the plant is not allowed to operate, the garbage will pile up and there will be a serious health hazard. 6] The challenge raised by the petitioners is on the ground that the land in question is in No Development Zone in the Final Development Plan and therefore, the garbage processing plant could not have been set up at the site in question. 7] Having heard the learned Counsel for parties for some time, we are of the view that in view of the nature of the controversy and having regard to the fact that serious issues of public health are involved, it would be in the fitness of things if the controversy raised in this petition is looked into and considered by the Director, Town Planning, Government of Maharashtra. Hence, we dispose of the petition with a direction to respondent No.6 to consider the representation, if made by the petitioner to him within a period of three weeks from today. While considering the representation, the respondent No.6 shall also hear the pil231-09 5 affected parties, including Municipal Commissioner, representatives of Maharashtra Pollution Control Board, petitioners, so also representatives of respondent No.8 – Contractor who is presently running the garbage processing plant in question. Respondent No.6 shall decide the matter after hearing all parties, without being influenced by any prima facie observations made by this Court earlier or the fact that this petition is disposed of without going into the merits of the controversy. 8] Resolution passed by the Municipal Corporation dated 29th June 2010 is taken on record. It is made clear that this Court may not be treated to have expressed any opinion on the controversy. Petition disposed of accordingly. (CHIEF JUSTICE) (S.C.DHARMADHIKARI, J)