PARTH MAHILA UTKARSH MANDAL Vs. SRADDHA DEVELOPERS

JUDGEMENT

(1.) BY this writ application in the nature of a Public Interest Litigation, the petitioner, a Non Government Organization, has brought to our notice that the respondent no.4, Ahmedabad Municipal Corporation and the respondent no.6, Director (Environment) and Additional Secretary, Forest & Environment Department, State of Gujarat, has granted permission to the respondent nos.1 and 2 to construct residential flats in the name of Paradise Park situated at T.P.No.73, Final Plot No.38/2/1 and 38/2/2, Ward Ramol -Hathijan, Ta: Dascroi, Mouje Vinzol, just adjacent to the Hazardous Waste Landfill Site. According to the petitioner, the same is in violation of the guidelines framed by the Central Pollution Control Board for setting -up of the operating facility (Hazardous Waste Management).

(2.) THE case made -out by the petitioner may be summarized as under : 2.1 According to the petitioner, the respondent no.1 is a partnership firm engaged in the business of construction and development of land and the respondent no.2 is the Power of Attorney holder of the partners of the respondent no.1 firm. According to the petitioner, the respondent no.1 and 2 floated a scheme of residential flats in the name of Paradise Park scheme situated at the address referred to above and the respondent nos.3 and 4 i.e. the Ahmedabad Municipal Commissioner and the Ahmedabad Municipal Corporation issued a letter of commencement (Raja Chitthi) to start with the construction, despite knowing fully well that the scheme of residential flats is very much adjoining the Hazardous Waste Landfill Site which is being maintained by the respondent no.10 Green Environment Service Cooperative Society Ltd. 2.2 It is the case of the petitioner that having learnt about the same a letter was addressed to the Ahmedabad Municipal Corporation to take the permission in review in the public interest. According to the petitioner, the site where the construction has been put -up by the respondent nos.1 and 2 is reserved by the Ahmedabad Municipal Corporation for the GIDC Industrial Hazardous Solid Waste Disposal and the said site was developed in the year 2003 by the respondent no.10 the Green Environment Service Cooperative Society Ltd. 2.3 According to the petitioner, the concerned authorities granted permission for construction of the residential flats, without keeping in mind the interest of the general public at large, more particularly the health of the nearby inhabitants, and therefore, could not have granted such permission which is in direct violation of the guidelines framed by the Central Pollution Control Board so far as the Landfill Site is concerned. In such circumstances referred to above, the petitioner has prayed for the following reliefs: -

(3.) STANCE of the respondent no.6, Director (Environment & Additional Secretary, Forest & Environment Department), Government of Gujarat. An affidavit -in -reply has been filed on behalf of the respondent no.6 duly sworn by the Director (Environment) Forest & Environment Department, Government of Gujarat, inter alia stating as under :