HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case No.:- WP(C) No. 505/2022 Inhabitants of Panchayat Halqa Sunetar –B Block Ramnagar Ward No. 1, Tehsil Ramnagar District Udhampur Through their representative Bishan Dass, Age 66 years S/o Sh. Punu Ram R/o Sunetar-B, Block Ramnagar, Ward No. 1 Tehsil Ramnagar District Udhampur. …..Petitioner(s) Through: Mr. Mohinder Kumar, Advocate. Vs 1. The UT of Jammu and Kashmir Through Commissioner, Jammu Municipal Commissioner, Jammu. 2. Deputy Commissioner, Udhampur. 3. Sub Divisional Magistrate, Ramnagar. 4. Executive Officer, Municipal Committee, Ramnagar. 5. Executive Engineer, PWD (R&B) Division, Udhampur. 6. Divisional Pollution Control Officer, Udhampur. .…. Respondent(s) Through: Mr. S.S. Nanda, Sr. AAG for R-1 & 4. Ms. Chetna Manhas, Advocate vice Mrs. Monika Kohli, Sr. AAG for R-2&3. Mr. Nirmal Kotwal, Advocate vice Mr. Ravinder Gupta, AAG for R-5. Mr. Vishal Bharti, Dy. AG for R-6. Sr. No. 26 2 WP(C) No. 505/2022 Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 04.08.2025 1. The instant petition has been filed by the inhabitants of Panchayat Halqa Sunetar-B in a representative capacity seeking a direction upon the respondents calling upon them not to install the chimney/dumping of filthy material (municipal waste and other unused material) near Govt. Middle School, Touri and houses of the Panchayat Halqa Sunetar-B, with a further direction, commanding the respondents to shift the proposed project site to some other feasible place/location. 2. In the writ petition, it has been contended that the respondents are in the process of dumping filthy material (municipal waste and other unused material) near Govt. Middle School, Touri, Panchayat Sunetar-B. It is being submitted that the distance of the said school from the site where the project is going to be established is too close and that the same is in violation of the relevant rules and regulations. 3. It has been further contended that about thirty families of the farmers are residing in the vicinity of dumping site exposing them to air and soil pollution. It has been contended that the 3 WP(C) No. 505/2022 respondents are in the process of raising boundary wall around the land measuring 10 kanals falling under khasra No. 1102/598 min situated at village Sunetar tehsil Ramnagar District Udhampur in order to install chimney for dumping of filthy material (municipal waste and other unused material) near Govt. Middle School Touri, Panchayat Halqa Sunetar-B without seeking NOC from the School Education Department, Rural Development Department as well as from the Sarpanch of the concerned Panchayat. 4. It has been submitted that the inhabitants of the locality have raised their voice before the respondents but nothing has been done in the matter. It has also been submitted that a unanimous resolution was passed by the Panches and Sarpanches concerned for relocation of the dumping site project but till date nothing has been done by the respondents. 5. It has been contended that if the respondents are allowed to install the project on the aforesaid site, people in the vicinity, particularly the students, are likely to suffer various ailments on account of their exposure to pollutants. 6. The respondent No. 4-Executive Officer, Municipal Committee, Ramnagar in his reply has submitted that the Director, Urban Local Bodies, Jammu has, vide his communication dated 24.11.2021, conveyed the administrative approval for 4 WP(C) No. 505/2022 construction of Material Research Facility (MRF), Ramnagar against the estimated cost of Rs. 52.10 lacs under Solid Waste Management 2021-22 and the work for the same has already been allocated to the contractor. 7. It has been submitted that the waste material of whole of the Ramnagar town is presently being dumped at low lying area in Ward No. 1, Chigli Chowri, Ramnagar which is located along side the cremation ground and the boundary of the said dumping site also touches the out-reaches of Panchayat Kirmoo-B. It has been further submitted that public in general several times raised the issue of shifting of the said dumping site. 8. In order to redress the grievance of the inhabitants of the area, it was decided to go for scientific disposal of the solid waste. Accordingly, land measuring 10 kanals in khasra No. 1102/598 min situated at village Sunetar, Tehsil Ramnagar and District Udhampur has been identified for the establishment of solid waste management project at Ramnagar Town. It has been further submitted that No Objection Certificate (NOC) has been issued by the Pollution Control Board vide No. PCB/RDJ/MSW/20/5579-84 dated 19.12.2020. 5 WP(C) No. 505/2022 9. It has been further submitted that at present the waste is being collected by municipal authority on a daily basis by engaging waste collection vehicles but in the absence of any processing facility, the waste is being unscientifically dumped at dump site which is located in Ward No. 1, Chigli Chowri, Ramnagar near cremation ground and the same is creating several hazards including pollution. 10. It has also been submitted that in terms of the Solid Waste Management Rules, 2016, Material Recovery Facility (MRF) for ensuring reduce, reuse and recycle at Urban Local Body level is required to be created. Thus, keeping in view the scientific disposal of solid waste management in Municipal Committee, Ramnagar, in view of the aforesaid rules and in order to address the complaints made by the inhabitants of the area, construction of Material Recovery Facility (MRF) has been taken up. It has been submitted that the project is in the interest of public at large and is eco-friendly as also non- hazardous for public health but the petitioners are misleading the public at large thereby causing prejudice to the public interest. 11. Respondent No. 6-Pollution Control Board, in its reply to the writ petition, has submitted that inspection of the site was conducted by the Divisional Officer, Pollution Control 6 WP(C) No. 505/2022 Committee, Udhampur and it was observed that the site in question is feasible for Material Recovery Facility (MRF) but the same is not feasible for landfill or dumping of the municipal solid waste. It has been further submitted that none of the guidelines issued by the Supreme Court of India have been violated and no consent/authorization in violation of any of the laws/rules/guidelines has been issued by any competent authority. 12. Respondent No. 5-Executive Engineer PWD (R&B) Division, Udhampur has submitted that it is only the executing agency and has taken up the establishment of the project in accordance with the approved DPR. 13. I have heard the learned counsel for the parties and perused the record. 14. The grievance of the petitioner is that the respondents are setting up Solid Waste Management Project (Material Research Facility) at Ramnagar in violation of the rules and that the project is being established in the vicinity of the school and residential houses thereby exposing the students and the people living in the vicinity to hazardous conditions. If we have a look at the documents placed on record by the parties, it is revealed that the respondents have taken up the establishment of the project after seeking opinion of the 7 WP(C) No. 505/2022 Pollution Control Board. Vide communication dated 19.12.2020 issued by the Pollution Control Board to the Deputy Commissioner, Udhampur, it has been conveyed that the proposed site is feasible for setting up of wet waste processing/material recovery facility for solid waste management. However, it attaches two conditions, first that future complaints/public protest owing to presence of a middle school and few houses within 200 meter radius of the site should be heard and second that Material Recovery Facility (MRF) should be used only with treatment/processing of wet/biodegradable waste. 15. Respondent No. 4-Executive Officer, Municipal Committee, Ramnagar has justified the setting up of Solid Waste Management Project by stating that at present the solid waste is being collected by the Municipal Authority and dumped in open sites on the outskirts of Ramnagar which is creating health hazards and pollution. The respondents, by taking up the establishment of a scientific Solid Waste Management Project by construction of Material Research Facility (MRF) at the site are, in fact, addressing the concerns of public at large with regard to health hazards that are being created due to open dumping of solid waste. 8 WP(C) No. 505/2022 16. The project in question is being established by the official respondents in order to adhere to the provisions contained in Solid Waste Management Rules, 2016, which make it mandatory to dispose of the solid waste by scientific methods so as to avoid its dumping in open areas. Thus, the official respondents by setting up the Material Research Facility (MRF) at the site in question are serving the public interest and if they are restrained from completing the said project, it would prejudice the interests of the public at large. 17. The petitioners have not brought to the notice of this Court any rule or guideline which has been violated by the official respondents while establishing the project in question. In fact, the Pollution Control Board, in its reply, has made it clear that local bodies having waste generation less than 5 TRD for establishment of Material Recovery Facility/Waste Processing Facility do not require any no objection from the Pollution Control Board. Therefore, even if it is assumed that the respondent No. 3 has not obtained any NOC from Pollution Control Board, it cannot be said that the said respondent has committed breach of any rule or guideline. 18. For the foregoing discussion, it is clear that the petitioners have failed to establish violation of any law by the respondents in establishing the project which is the subject matter of the 9 WP(C) No. 505/2022 present writ petition. Thus, none of the rights, legal or constitutional, has been infringed by the proposed action of the respondents. In fact, the respondents are establishing the proposed project for public interest and for the benefit of people including inhabitants of area which includes the petitioners. 19. For the foregoing reasons, I do not find any merit in this petition. The same is accordingly dismissed along with connected application(s). (SANJAY DHAR) JUDGE JAMMU 04.08.2025 Naresh/Secy. Whether the order is speaking : Yes Whether the order is reportable : No Naresh Kumar 2025.08.07 11:47 I attest to the accuracy and integrity of this document