MANANTHAVADY GRAMA PANCHAYATH Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) he above writ petitions Mere heard together and the leading case (WPC 30482 of 2003) is the one filed by a local authority -- Mananthavady Grama Panchayat, represented by its Secretary. The facts of the other connected cases could be taken notice of after referring to the claims and contentions of the Grama Panchayat and the principal issue concerns about the installation of waste disposal arrangements, its location, nature thereof, and other attendant circumstances.

(2.) Originally, the writ petition was filed as one for commanding the police officers, namely respondents 1 to 3, to assist the Panchayat by rendering necessary assistance to transport the solid waste collected from the Mananthavady town area and for facilitating disposal of the same in yard belonging to the Panchayat. According to the Panchayat, they have extensive properties under their control and possession in R.S. No. 268 of Mananthavady Village and this would have been ideal for the purpose. However, respondents 5 and 6, who are public spirited persons mustering support of others, were preventing transportation of the waste and the Panchayat was put to a position of embarrassment. Under the Kerala Panchayat Raj Act, it is the duty of the Panchayat to collect and dispose of Municipal waste and while engaged in such lawful activities, in case of prevention the police had a statutory duty to help them. However, in spite of request being made, help was not forthcoming and intervention of the Court was therefore solicited.

(3.) Mr. M. Sasindran, appearing for the petitioner, gave in detail the background in which the writ petition was filed. For over a considerable number of years, without any problems or objections, a large extent of land situated at Thazhayangadi was being used as dumping ground of wastes collected. However, it belonged to the 7th respondent -- Kerala State Housing Board. But some time in 2002 the Housing Board requested the Panchayat to discontinue such activities as there was a proposal for putting up a Housing Colony there. The Panchayat was therefore constrained to seek for an alternate site. Because of the introduction of Municipal waste (Management and Handling) Rules, 2000 (hereinafter referred as Handling Rules) the Panchayat was statutorily bound to adopt scientific waste management methods and taking notice of the circumstances that they had in possession of about 4.75 acres of land at Choottakadavu, situated less than one kilometer away from the town, steps had been envisaged for installation of waste Treatment Yard. This was approved by the district Medical Officer. The rules envisage for concurrence of the Pollution Control Board and due applications had been submitted, and as could be seen from Ext. P2, on condition that stringent norms should be observed, the Pollution Control Board had authorised to set up and operate waste processing and waste disposal facility in Sy. No. 131 in Block No. 26 of the Village. This was on 12-07-2002. The validity of authorisation was up to 31-03-2003, renewable. Ext. P2 also gave in detail the conditions to be observed, as postulated by the Handling Rules.