Society Owes Healthy Environment To Children, Won't Permit Dumping Ground Near School: Bombay HC Remarks In Plea Against Waste Disposal Site

During the hearing the counsel for the Municipal Council stated that the Principal Secretary, Urban Development Department heard the parties and passed an order authorizing the treatment plant. The petitioners however argued that the Secretary did not assign any reasons in the order.

A division bench of Chief Justice Alok Aradhe and Justice MS Karnik questioned the Counsel for the Municipal Council on how a dumping ground could be adjacent to a school.

Noting that children have a right to a healthy environment, CJ Aradhe orally remarked “You can't insist that a dumping ground should be situated adjacent to a school…Please understand children are future of society. The society is under an obligation to provide them a healthy environment, not a dumping ground.”

He further said to the counsel “In all fairness you should have said that we would review the decision..We will not permit dumping ground next to school."

The counsel futher remarked "If you son or daughter is studding in a school near which a dumping ground is there, will you send them?”

The counsel then said that the proposed site would not be for a dumping ground but for a 'processing plant'. The Court said it would examine the issue. 

The Court remarked that the petitions have been pending since 2010 and that the Municipal Council should have found an alternate place by now. CJ Aradge remarked, “What is surprising is since 2010 these petitions are pending...anybody in your place would have found out a alternative place.”

The Court said that it would conclude the hearing in the matter and kept back the matter on 24 April.

Case title: The Igatpuri Municipal Council (Through Its Chief Officer) Vs Mrs. Dilbar Parakh And Ors & Connected Matters