RATNAGIRI NAGAR PARISHAD Vs. GANGARAM NARAYAN AMBEKAR

JUDGEMENT

(1.) Leave granted.

(2.) This appeal emanates from the judgment and order dated 29.8.2016 passed by the High Court of Judicature at Bombay[1] in Second Appeal No. 771/2015, whereby the judgment and decree dated 11.2.2015 passed by the District Judge, Ratnagiri[2] in Regular Civil Appeal No. 34/2011 came to be affirmed, as a result of which the suit filed by the respondent Nos. 1 to 19 (original plaintiffs) in the Court of Civil Judge, Senior Division, Ratnagiri[3] being RCS No. 25/2005 for permanent injunction against the appellant and respondent No. 20 (State of Maharashtra), restraining them from starting the Solid Waste Disposal Project[4] at the suit property, has been decreed. In other words, the trial Court had dismissed the suit, but the first appellate Court allowed (decreed) the same, which decision has been upheld by the High Court in the Second Appeal.

(3.) Briefly stated, the respondent Nos. 1 to 19 filed the stated suit on 31.1.2005 in representative capacity being residents of different Wadas of the villages at Fansavle, Dandeadom, Mirjole, Majgaon and Kelye in District Ratnagiri. The gravamen of the issues raised in the stated suit was that the appellant - Ratnagiri Nagar Parishad intends to set up a Solid Waste Disposal Project (the Project) in the suit property at village Dandeadom, Taluka and District Ratnagiri bearing Gat No. 219 admeasuring 2H-46 Aars.[5], which land had been allotted to the appellant by the State Government. The suit land is located around 10 kms. away from the limits of the Ratnagiri city at a hilly and sloppy area. The entire area is rocky and hard. The location selected for setting up the Project was wholly ill-advised, as it would entail in serious health problem for the villagers in the locality and also inevitably pollute the river nearby flowing from Kelye village through the villages Majgaon, Mhamurwadi up to Sakharat. Moreover, on this river, Sheel Dam is located on the boundary of Fanasavle village, which provides water supply to Ratnagiri city. Thus, the Project is likely to pollute the Dam water as well. It is asserted that the entire Kokan area receives heavy rainfall between months of June and October and considering the direction of flow of river and other streams in the nearby area, there is imminent possibility of causing severe water pollution due to the solid waste piled up on the suit property. Initially, some other site was identified for setting up the Project, but due to political intervention, it has been shifted to the present location, which is not at all ideal being a rocky hard and sloppy track. Other fallow lands are available in the Nagar Palika jurisdiction, which are more suited for the intended Project spread over in several acres and are at the base of the Ratnadurg Fort. The authorities had in fact commenced the process of acquiring that land near Bhataye seashore within the limits of Fansop village, but for reasons best known to the authorities, the idea to continue the Project at that location has been disbanded. It is asserted that there is no existing public road access to the suit land and the trucks carrying the solid waste will have to be provided access through private lands in the neighbourhood including that of some of the plaintiffs. Furthermore, the appellant had not taken any permission from the competent authority (the Health Officer of Jilla Parishad/Health Department). In substance, the grievance is substantially about possible environmental fallout due to setting up of the Project in the suit property and in particular, to the nearby river and dam, which is the source of water supply to habitants of District Ratnagiri.