The Jammu and Kashmir High Court has disposed of a public interest litigation (PIL) filed against the construction of a waste dumping facility in Chenani, Udhampur.
The PIL was filed by residents of Village Bain and Nagulta, who alleged that the proposed facility would affect the lives of thousands of people and hurt the religious sentiments of lakhs of people who visit the nearby Sudh Mahadev Temple.
The petitioners claimed that the land on which the facility was proposed to be built was originally allotted for the construction of a hospital, but was later transferred to the Municipal Committee, Chenani, for the waste dumping facility.
They argued that this was a patently illegal and illogical move that would affect the lives of people in the surrounding areas.
The respondents, including the Union Territory of Jammu and Kashmir and the Municipal Committee, Chenani, filed their reply, stating that the administrative approval for the construction of the facility had been obtained and the work had been allotted to a contractor.
However, the Pollution Control Board had issued a notice against the Municipal Council, Chenani, for stopping unscientific and illegal dumping of waste.
During the hearing, the counsel for the petitioners submitted that in view of the protests by the local population, the respondents had shelved the idea of using the site in village Bain as a waste dumping facility.
However, he requested the court to cancel the transfer of land from the Panchayat Bain to the Municipal Council, Chenani, as the local panchayats proposed to transfer the land for setting up a health center/hospital.
The court, taking into account the submission of the counsel for the petitioners, disposed of the PIL, stating that the main grievance of the petitioners had been redressed.
However, the Jammu Division Bench of Chief Justice Tashi Rabstan and Justice M A Chowdhary noted that the petitioners could still agitate the issue of transfer of land in appropriate proceedings.
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