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2025 DAILYLAW 51424 (ALL)

SMT. MAHKARWATI AND OTHERS v. STATE OF U.P. AND OTHERS

WRIC/36046/2010 · 2025-09-22

Anish Kumar Gupta, Mahesh Chandra Tripathi

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36046 of 2010 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard learned counsel for the petitioners; Sri F.A.Ansari, learned Standing Counsel for the State and Sri Mohnish Chandra holding brief of Sri Vineet Pandey, learned counsel for the contesting-respondent. 2. The instant writ petition was preferred way back in the year 2010 and the matter was pending since then. On the previous date i.e. 14.7.2025, this Court had proceeded to observe to the following effect. "1. The present writ petition was instituted in the year 2010, seeking a direction to summon the records pertaining to the project for the establishment of a Solid Waste Treatment Plant over Khasra No. 641, situated in Village Chityehra. The petitioner has further prayed for an order restraining the respondents from proceeding with the construction of the said project over the aforementioned land. 2. It is noted that no interim order has been granted in the matter. In the interest of justice, this Court deems it appropriate to call for specific instructions regarding the current status of the construction of the Solid Waste Treatment Plant over the disputed Khasra No. 641. If such construction has been undertaken, details regarding the financial outlay and the Detailed Project Report (DPR) shall also be submitted. 3. Shri Vineet Pandey, learned counsel for the respondents, prays for and is granted two weeks' time to seek necessary instructions. Versus Counsel for Petitioner(s) : A.S. Diwakar, Uma Nath Pandey Counsel for Respondent(s) : D.R.Chaudhary, Hari Nath Tripathi, Manu Saxena, P.C. Shukla, Vineet Pandey Smt. Mahkarwati And Others .....Petitioner(s) State of U.P. and Others .....Respondent(s) 4. List this matter on 28.07.2025. " 3. In response to the aforesaid order, learned counsel for the contesting- respondent has placed the instruction dated 22.9.2025 sent by Executive Officer, Nagar Palika Parishad Dadri, Gautambuddh Nagar, wherein, it is indicated that the land in question was earmarked for solid waste treatment plant over Khasra No. 641 situated in Village Chithaira, Tehsil Dadri, which is urgently required to be established. The said instruction is taken on record. 4. In view of the categorical instructions, we find that there is no such impediment, which is placed before this Court for proceeding over the allotted site. Suffice to indicate, the said plant is to be established expeditiously after obtaining due No Objection and clearance from the relevant departments as per The Municipal Solid Wastes (Management & Handling) Rules, 2000. 5. With the aforesaid observations, the writ petition stands disposed of. September 23, 2025 A.K.Srivastava WRIC No. 36046 of 2010 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad