HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: CCP(D) No. 35/2023 Inhabitants of Village Kundrorian Panchayat Kundrorian. …Petitioner(s)/Appellant(s) Through: Mr. Jasbir Singh Jasrotia, Advocate. V/s Babila Rakwal, Deputy Commissioner Reasi. …. Respondent(s) Through: Ms. Monika Kohli, Sr. AAG. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE. ORDER(ORAL) 26.05.2025 01. The inhabitants of village Kundrorian Panchayat Kundrorian had approached this Court in public interest [WP(C) PIL No. 10/2022]. In essence, their grievance was that in the absence of any established dumping site in the village, the garbage and waste material was being dumped by the Municipal Committee as also the general public near Tan Talab, which had actually become a great nuisance and a serious health hazard for the inhabitants. Accordingly, a direction was prayed for to command the respondents to stop dumping the waste at the said site and also to look for a suitable/alternate site to establish a permanent garbage dumping unit. 02. A Co-ordinate Bench on August 31, 2022, disposed of the said petition with liberty to the petitioner to move the respondent-authorities as regards their concerns/grievances. And, the Deputy Commissioner, Reasi, was, accordingly, Sr. No. 8 --2-- required to deal therewith within a period of six weeks from the receipt of the representation of the inhabitants and pass appropriate orders. 03. For, even though a considerable time had elapsed and no such order was passed, the petitioner was impelled to approach this Court vide this petition for initiation of contempt proceedings against the respondents. 04. The compliance report on behalf of the respondents was submitted on April 25, 2023. And, per the stand set out by the respondents, the Executive Officer, Municipal Committee Katra, had furnished a report dated August 22, 2023, which revealed that one Material Recovery Facility (MRF) measuring 5000 square feet had been established at site. Further, bailing machine, shredder, press machine, conveyer was also made available for the functioning of the said MRF. Other than that, 27 compost pits for treatment of wet waste had also been constructed, which were to become functional after execution of soakage pit at the site. And the MRF was established post consent to establish from Jammu and Kashmir Pollution Control Committee. Still further, the Department of Urban Local Bodies had conducted contour survey of the site and 101757 tons of legacy waste was reported. The bioremediation of which is being done by the Mechanical Engineering Department, and, so far 33000 tons of waste had since been cleared. 05. Today, learned counsel for the respondents has shared with us a copy of Consideration Order dated May 20, 2025 passed by the Deputy Commissioner Reasi, which is retained on record as Mark X. 06. A bare analysis of the said order reveals that Municipal Solid Waste Management, Katra, is actively involved to ensure efficient and uninterrupted waste management services, including regular environmental monitoring, plans for bio-fencing, establishment of green buffer and the implementation of --3-- mitigation measures to avert any potential environmental concerns. Further, the site was visited by the Deputy Commissioner on April 10, 2024, who convened a meeting to address the public grievances concerning the Municipal Solid Waste Management site at Tan Talab, Kundrorian. The said meeting was attended not only by the Executive Officer, Municipal Committee Katra, but also the petitioner/inhabitants of Kundrorian, who had filed the Public Interest Litigation (PIL) through Sh. Suram Singh. It also shows that the petitioner had racked up the issue to relocate the facility to an alternative, environmentally suitable location. Whereas, while the matter was being deliberated, the Deputy Commissioner explored alternate sites for the Municipal Solid Waste Management. But also shared with the petitioner/inhabitants the constraints, to which they agreed with. Further, they also expressed satisfaction with the remedial and infrastructural measures that are currently being implemented and proposed by the Municipal Committee Katra, contingent upon strict adherence to the Committee timelines. 07. The order, referred to above, also reflects the view point of the Municipal Committee that the same was/is proactively engaged to maintain high standards of cleanliness and environmental sustainability through multiple sanitation initiatives. And, even eco-friendly anti-odour agents. But securing an alternative land for Municipal Solid Waste Management site had proven challenging, owing to the stringent environmental norms/criteria and the strategic location of the present site, which was carefully planned to minimize local environmental impact. Accordingly, the Deputy Commissioner had directed the Executive Officer, Municipal Committee Katra, to submit monthly Action Taken Reports detailing the progress on all aspects of waste management. A comprehensive survey to be conducted to identify the potential alternative sites for the waste --4-- management facility. As also immediate precautionary measures to be taken to address the concerns/grievances raised by the petitioner in close coordination with them. Accordingly, upon consideration of all the facets, the prayer of the petitioner as regards the relocation of the Solid Waste Management Site, was rejected. 08. Having heard learned counsel for the parties and perused the records, we conclude that the respondent-authorities have taken all necessary measures to address the concerns/grievances of the petitioner. And, since passing of order dated August 31, 2022, the position at ground has substantially changed and it is a work in progress. 09. So much so, even the petitioner/inhabitants, were/are associated with the process that was/is being followed. 10. That being so, we are of the firm opinion that the petition that was filed by the petitioner in public interest, has served its purpose and the order dated August 31, 2022 passed by the Court has been complied with in letter and spirit. 11. Therefore, the proceedings in the present petition are closed and the petition is, accordingly, disposed of. However, in case any cause of action arises in the future, the petitioner shall be at liberty to avail the remedy as admissible in law. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Jammu 26.05.2025 Sunita/PS Whether the order is speaking. Yes/No Whether the order is reportable. Yes/No.