HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: WP(C) PIL No. 8/2023 CM No. 5572/2023 CM No. 5096/2023 Residents of Village Bain and Nagulta Chenani Udhampur. …Petitioner(s)/Appellant(s) Through: Mr. Adeep Singh Bandral, Advocate vice Mr. Rameshwar Singh Jamwal, Advocate V/s UT of J&K & Ors. …. Respondent(s) Through: Mr. S.S. Nanda, Sr. AAG CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE ORDER 11.02.2025 1. The petitioners through this writ petition (PIL) has prayed for directing the official respondents to shift the proposed „Material Recovery Facility’ (Waste Material Dumping Facility) from village Bain, Chenani to any uninhabited area away from the proposed site, asserting therein that the petitioners are inhabitants of two villages, Bain and Nagulta falling on either side of River Tawi called as “Surya Putree Tawi” and that they are being affected by the proposed construction of „Material Recovery Facility’ (Waste Material Dumping Facility/Ground at village Bain) and that village Bain is situated, on way to sacred Sudh Mahadev Temple, housing the sacred Trident (Trishul) of Lord Shiva and their villages are about ten kilometres from Chenani town. Sr. No. 04 2 WP(C) PIL No. 8/2023 2. It is pleaded that during COVID-19 Pandemic period, the official of Revenue Department approached the elected representatives of Bain and Nagulta Panchayats and requested them to allow the respondents Nos. 5 to 7 to use a piece of land measuring 10 kanals falling in Khasra No. 19 min/1 situated at village Bain, Tehsil Chenani belonging to Panchayat Bain, just on the roadside and nearby to the historical temples for construction of a state of the art hospital to cater to the medical needs of the large population of the area and that the Panchayat members agreed to that proposal and conveyed their decision for getting land transferred in the name of Health & Medical Department for construction of such a hospital, however, to the utter surprise of the villagers of Bain and Nagulta, the land was transferred to the Municipal Committee, Chenani and the respondents decided to dump the entire waste of Chenani town there, though this Panchayat land being about ten kilometres away from Chenani town could not have been transferred to the Municipal Committee Chenani. 3. 3. It was also asserted that the respondent No. 4-Director of Urban Local Bodies had proposed the construction of Waste Material Dumping Facility there and asked respondent No. 5- Executive Engineer, PWD(R&B) Division, Udhampur, to prepare the estimate of the case, that the lives of thousands of people is going to be affected by this patently illegal, illogical move of the respondents and the religious sentiments of lacs of people are going to be affected and thousands of children who go to nearby schools and thousands who throng the Temple or come for the 3 WP(C) PIL No. 8/2023 last rites of their nears and dears and use the Bowli water or take the bath in the Sangam, will also be affected by the proposed construction of waste material dumping facility. 4. Pursuant to notice, the respondent Nos. 3,4,6 and 7 filed their reply/objections and submitted that as per the authorization conveyed by the Director Urban Local Bodies, Jammu on 21.01.2023, the Administrative approval for construction of “Material Recovery Facility” of size 60‟X40‟ along with 16 numbers compost pit at Chenani under SWM component of SBM (U)” under Solid Waste Management has been prepared and that after completing the bidding process, the work had been allotted to a contractor on 07.04.2023. It was also stated that recently the Pollution Control Board has also issued a notice against Municipal Council, Chennai, for stopping unscientifically illegal dumping of waste. 5. Learned counsel for the petitioners, at this stage, submits that in view of the protests by the local population, the respondents have shelved the idea of using the site in village Bain as Waste Material Dumping Facility and to that extent the grievance of the petitioners stands redressed. However, he states that the Panchayat land transferred to the Municipal Council, Chenani, be ordered to be cancelled as the local panchayats proposes to transfer this land for setting up of a Health Centre/Hospital. 6. In view of the submission of the learned counsel for the petitioners, no further proceedings are warranted in this petition as the main grievance of the petitioners has been redressed and the matter with regard to transfer of land from 4 WP(C) PIL No. 8/2023 Panchayat Bain to the Municipal Council, Chenani, can be agitated by the petitioners in the appropriate proceedings and not under this Public Interest Litigation. Petitioners shall have that remedy, in case so advised. 7. This PIL is thus, disposed of, in the above terms. (M A CHOWDHARY) (TASHI RABSTAN) JUDGE CHIEF JUSTICE Jammu 11.02.2025 SUNIL Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No