PEOPLE FOR TRANSPARENCY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Appeal is directed against the Order dated 30th August, 2012 passed by the State Level Environment Impact Assessment Authority (for short "SEIAA") Punjab, whereby it has accorded Environmental Clearance for establishment of Integrated Municipal Solid Waste Management facility in an area of 20 acre at Mansa road, Bhatinda and establishment of Engineered Sanitary Land Fill facility in an area of 36.8 acres in the Revenue Estate of Village Mandi Khurd, District Bhatinda to Municipal Corporation, Bhatinda Respondent No. 3 in appeal.

(2.) THE Appellants who are resident of city of Bhatinda in Punjab are aggrieved from this Order. According to them the establishment of the above Project will be causing Public nuisance and even degrade the environment of the said area. The challenge to the impugned order is inter -alia, but primarily on the following grounds : - "(a) Site selection of the project is improper and not in accordance with the rules. (b) There is no green belt provided to protect the interest of public at large. (c) The Project is very close to the inhabitation and thus is violative of the Municipal Solid Waste (Management & Handling) Rules, 2000. (d) There is a distributary canal adjacent to the site of the project and thus is bound to pollute the water. (e) Order suffers from the infirmity of non -application of mind."

(3.) FOR these reasons it is stated that the order dated 30th August, 2012 granting environment clearance to the project is unjustifiable, unsustainable and is liable to be set aside.