CWP No.18179 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.18179 of 2010 Date of Decision: 18.10.2011 Gram Panchayat and others ..... Petitioners Versus State of Haryana and others ..... Respondents CORAM:- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV NARAIN RAINA Present: Mr. Vikram Singh Advocate, for the petitioners. Mr. S.S. Pattar, Sr. DAG, Haryana, for respondent Nos.1, 2 and 4. Mr. Gitish Bhardwaj, Advocate, for Mr. Arun Walia, Advocte, for respondent No.3. Mr. A.K. Kaushal, Advocate, for respondent Nos.5 & 6. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, ACJ. 1. In the earlier round of litigation initiated by the petitioners in CWP No.239 of 2010 decided on 13.07.2010 (P-9) this Court had issued directions to the respondent to decide the objections filed by the petitioners with regard to establishing the Solid Waste Management Plant in village Sandal Kalan, District Sonepat. There were specific directions issued to the effect that when deciding those objections, the authority was to take into account the construction of the plant may not pose any health hazard to the CWP No.18179 of 2010 -2- residents of the village and the menace of stink be completely curtailed. Further parameters which are necessary for safety and security of the residents of the nearby village are also required to be taken into account while passing the well reasoned order. It was clarified that if the objections raised by the petitioners did not find favour with the respondents then a copy of the order be forwarded to them and no proceedings were to be initiated for a period of 15 days with regard to the acquisition of their land. 2. The aforesaid directions were sought to be complied with by the Distt. Revenue Officer and the Land Acquisition Collector, Sonepat. The order of this Court has been specifically noticed. In the operative part, the learned DRO-cum-Land Acquisition Collector has recorded that it would be in the public interest to install the Solid Waste Management Plant. The Officer further noted the submission made by Executive Officer, Municipal Council, Sonepat that such plant would be constructed keeping in view the instructions of Pollution Control Board and there would be no effect on the health of any person. 3. The order further states that the instructions of Pollution Control Board would be followed and due care would be taken to curtail the meance of stink which may be caused by the plant. There is a specific reference to Para No.3.16.5 of the Guidelines issued by the Central Pollution Control Board dealing with the installation of Solid Waste Management Plant in Class I cities in India. In fact the aforesaid guidelines are based on the report of the Committee constituted by Hon'ble the Supreme Court with regard to Site Selection. Paragraph 3.16.5 to which reference has been made reads as under:- CWP No.18179 of 2010 -3- “3.16.5 Site Selection a) The waste processing and disposal site should be large enough to last for 20-25 years, and preferably within 5 km from present city limits. b) It should be at least 0.5 km away from habitation clusters, tourist areas, monuments, National Parks, wetlands, and places of important cultural, historical or religious interest. c) It should be 3 meters above the local ground water level wherever possible, failing which the site level may need to be raised. d) 10 km. away from the air port including the air base in the direction of tunnel and 3 km. away in other direction. e) It should not lie in the path of proposed highway or railway alignments." 4. In view of the above, we find that there is hardly any lapse which is to be remedied by issuance of any further directions. We are of the considered view that the order passed by this Court stands complied with. It would not serve any useful purpose to keep this matter pending. Accordingly, the present writ petition is dismissed. However, the petitioners are at liberty to file any other application if such a need arises. (M.M. KUMAR) ACTING CHIEF JUSTICE (RAJIV NARAIN RAINA) JUDGE 18.10.2011 manju