HC dismisses plea against STP being set up near court
Jodhpur, June 3 -- The Rajasthan high court on Friday dismissed a public interest litigation (PIL) challenging the establishment of a sewage treatment plant (STP) near the Gram Nyayalaya in Khokharia, Jodhpur, observing that "the larger public good cannot be ignored for some inconvenience to a few".
The court underlined that determining the suitability of land for such infrastructure lies within the executive domain and not within the purview of judicial review under Article 226 of the Constitution.
A division bench comprising justices Shree Chandrashekhar and Sandeep Shah made it clear that the judiciary, while exercising its extraordinary jurisdiction, cannot assume the role of the government in deciding project locations.
"This Court cannot take over the executive function of the State, nor can the Court sit in appeal over each and every administrative decision," the bench said, noting that such decisions are contingent upon land availability and technical feasibility.
The PIL was filed by three advocates practising at the Gram Nyayalaya who had sought cancellation of the no objection certificate (NOC) for the STP project, originally proposed just 30 metres from the court premises. They had raised health and safety concerns due to its proximity.
Initially entertained due to the closeness of the site, the petition lost relevance after the government revised the STP location to 204 metres away. The court held this shift addressed the primary grievance.
The government informed the bench that the STP would use advanced sequencing batch reactor (SBR) technology with minimal environmental or health impacts.
It also submitted that the Rajasthan Pollution Control Board had granted necessary consent after due assessment, which the petitioners never challenged. In response to the petitioners' argument that the Gram Nyayalaya existed before the STP was planned, the Court found that the site had been earmarked for the plant back in 2013, even before the court building came up.
While dismissing the PIL, the high court directed the authorities to strictly comply with environmental norms and enforce safety protocols such as fumigation and disinfection, reiterating the importance of balancing individual concerns with collective benefit....
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