HC bans dumping site near residential school in Igatpuri
MUMBAI, June 20 -- The Bombay high court on Wednesday struck down an order issued by the state government to set up a garbage dumping site next to a residential tribal school in Igatpuri. The court said that the administration had ignored an earlier finding that the land was unsuitable for that purpose.
The petitioners, Dilbur Parakh and Suresh Soma Kewari, are the trustees of Aseema Public Charitable Trust, which is dedicated to providing quality education to underprivileged children. The trust works with several schools in Mumbai and has set up an education center at Igatpuri, which conducts classes for tribal children.
When the petitioners heard that the land next to the Igatpuri school had been allotted for the construction of a waste treatment plant, they approached the divisional commissioner (DC), Nashik, in January 2009. They asked the dumping ground to be shifted saying that it would lead to air and water pollution, and would negatively impact the health of tribal children.
The Nashik DC formed a seven member committee to inspect the site and, after an inspection, in 2009 concluded that the land was not to be used as a dumping ground because it was close to a school and nearby water bodies including a river and several wells. However, in 2010, the district collector was told that the land in question was suitable for a dumping yard.
The petitioners wrote to the state government on December 11 and December 12, 2009, and a division bench of the Bombay high court in 2010 asked both parties to maintain the status of the land as it was.
While the municipal council's representative told the court that other sites had been inspected and were unsuitable, on Wednesday, a division bench of chief justice Alok Aradhe and justice Sandeep V Marne quashed the order which had permitted setting a dumping ground next to the school.
The court asked the principal secretary of the Urban Development Department (UDD) to speak to the stakeholders in the case, including the petitioners and the locals, and find another land for the municipal waste processing plant....
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