'For Larger Public Good': Rajasthan High Court Rejects PIL Against Setting Up Of Sewage Treatment Plant Near Village Court

The Rajasthan High Court dismissed a PIL filed by practicing advocates of Gram Nyayalaya, Jodhpur against the proposed construction of Sewage Treatment Plant (STP) near the village court, ruling that it was not for the High Court to decide under Article 226 which site would be more suitable for setting up the STP.

A division bench of Justice Shree Chandrashekhar and Justice Sandeep Shah, further held that establishment of the STP was in itself in public interest.

"It hardly needs any reiteration that the establishment of the STP is in public interest and for the public good and some inconvenience at some stage may be caused to the nearby people, but the larger public good cannot be ignored for that reason. The respondents have placed on record the notice inviting objections and the order sanctioning the STP, as also the details with regard to the type of STP being installed, where they would be using sequencing batch reactor technology. They have also placed on record the details of the technology in question, which will ensure minimal environmental impact. Not only this, it is an admitted case that after considering all the adverse environmental impacts, as well as the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of pollution) Act, 1981 and other ancillary facts, the Pollution Control Board has granted the consent to establish the STP in question".

It was the case of the petitioners, that the STP, proposed to be constructed just 30 meters away from the Nyayalaya, should atleast be 1 km away, otherwise, there would be various health hazards to the lawyers and the staff working in the court owing to forceful inhalation of bio-aerosols.

On the contrary, it was argued on behalf of the State that it was a policy decision that fell within the domain of the executive. Further, it was held that the around 33% of the allotted land shall be developed as a green belt that would make the STP around 90 meters away from the court.

Further, the State submitted that, the bio-aerosols emissions shall also be controlled by using the new Sequencing Batch Reactor (SBR) technology, ensuring odour nuisance and the emission level at the minimum. It was also highlighted that the land was allotted for STP long back in 2013, and till date huge investment had already been undertaken over it.

After hearing the contentions, the Court highlighted an affidavit by the State which reflected that the land for STP was already identified before the Gram Nyayalaya became operative. Furthermore, the State had informed the court about a proposed alternative land for the STP that was 204 meters from the Gram Nyayalaya.

The Court further took into account all the arguments put forth by the State that ensured minimal emission levels as well as adverse consequences of the STP.

In this background, the Court held that, “It is not for the Court, while exercising extraordinary jurisdiction under Article 226 of the Constitution of India, to decide which site would be more suitable for setting up the sewage treatment plant. This necessarily has to be done by the Government and its Authorities. The location would also depend upon the availability of land. This Court, in Public Interest Litigation, cannot take over the executive function of the State, nor can the Court sit in appeal over each and every administrative decision.”

It was held that in light of the fact that the site had moved 204 meters away from the Nyayalaya, and in light of the proposed plan by the State to ensure minimal emissions levels, there was no adjudication required in the present case. 

The court however directed the respondent-authorities to ensure that there is no violation of any of the applicable environmental and other laws by reason of setting up of the STP; that all safety requirements for the operations of the said treatment plant including fumigtion, disinfection, etc. are taken care of to curb spread of infections by reason of establishment of the STP

The plea was thus dismissed.

Title: Rajendra Choudhary & Ors. v State of Rajasthan & Ors.

Citation: 2025 LiveLaw (Raj) 194

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