GRAM SABHA, SHAMUTOLA (KHAIRBONI), GOVINDPUR, EAST SINGHBHUM & OTHERS Vs. THE STATE OF JHARKHAND & OTHERS

JUDGEMENT

(1.) HEARD learned counsel for the parties. The petitioners' grievance was that the respondents are going to have a Solid Waste Management Plant near the habitat area of the village and earlier they had approached this Court by filing writ petition being W.P. (PIL) No. 583 of 2012 which was disposed of by order dated 15.02.2012 and the concerned Deputy Commissioner was directed to look into the representation of the Gram Sabha and pass appropriate order.

(2.) ACCORDING to learned counsel for the petitioner, without affording an opportunity of hearing to the writ petitioner, the Deputy Commissioner, East Singhbhum, Jamshedpur passed the order, of which they came to know when they filed the contempt petition.

(3.) RAISING the same grounds as had been raised in the earlier writ petition as well as which have been taken note of by the Deputy Commissioner, East Singhbhum, Jamshedpur, learned counsel for the petitioner submitted that the provisions of law have not been followed and the location of the Plant is absolutely at inappropriate place. We are of the considered opinion that in W.P. (PIL) No. 583 of 2012, direction was given to the Deputy Commissioner to consider the representation of the petitioner which has been considered and so far as personal hearing is concerned, it was not the order obtained by the writ petitioner. We also perused the detailed order and in view of the detailed factual consideration by the Deputy Commissioner, we are of the considered opinion that we cannot sit over the order as an appellate authority, that too, in a petition filed in the name of Public Interest Litigation, when the decision has been taken and has been approved by the higher authority, there is no reason to hold that it is against the public interest. Therefore, the writ petition is dismissed.