'Impact On Environment Has To Be Kept In Mind': Karnataka High Court Directs State To Consider Representation Against Dumping Site Near River

A division bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishna Kumar said,

"We, therefore, dispose of this writ petition with the observations that the petitioners may raise their grievance by way of fresh representation within a period of ten days from today before respondent No.4-Deputy Commissioner, DC Office, Mandya district, who may look into the matter and if need be, take an expert opinion, and pass appropriate orders in accordance with law expeditiously, say, within a period of six weeks from the date a certified copy of this order along with the representation is placed before him."

The petitioners A B Devaraju and others who are residents of the area had approached the court stating that the location of the proposed site is very much near to the river and as such, there is strong apprehension that the solid waste dump at the proposed site may pollute the river. Further, that nearby there are temples and as such, it may affect the religious sentiments of the people visiting the temples. It may also cause environmental pollution and health hazards for the people living nearby the site.

The court on going through the averments in the petition said,

"We are of the considered view that the grievance of the petitioners, who are said to be the residents of the nearby areas where the proposed solid waste management unit is to be established shall be considered by the concerning Authorities and it is for the concerning Authorities to find out the most suitable place for the establishment of the solid waste management unit. The impact of dumping of solid waste is to be kept in mind while deciding the location of the site. It shall not affect the residents of the area and the environment at large."

Following which the court disposed of the petition.

Case Title: A B Devaraju and Others v. State of Karnataka

Case No: WP 6386/2022

Citation: 2022 LiveLaw (Kar) 100

Date of Order: 29-03-2022

Appearance: Advocate Sharath S Gowda for petitioners; Advocate G V Shashi Kumar for respondents