M.M. Kumar, J. - (1.) This petition has been filed as a Public Interest Litigation seeking a direction to the respondents to shift the site of Solid Waste Project from village Dhudhar, District Patiala to any other less inhabited and barren land.
(2.) Brief facts of the case are that the petitioners are aggrieved by the resolution dated 10.8.2010 (P-1), passed by the Gram Panchayat, Dhudhar, with regard to providing of 40 acres of Shamlat land to the Municipal Corporation, Patiala, for a period of 33 years on lease basis for setting up of a Municipal Solid Waste Project. It is alleged that earlier the said project was to be set up at Chhoti Nadi, Patiala and even permission was taken from the Irrigation Department. However, due to resistance of the Municipal Councilors, the site has been shifted to village Dhudhar. According to the petitioners if the Solid Waste Project is allowed to be set up in village Dhudhar, it would create nuisance and health problems for the residents of the area. The petitioners have urged that in the said project solid waste of three cities, namely, Samna, Rajpura and Patiala would be dumped. The dump would make the entire area unlivable because of the foul smell and poisonous gages. This would also increase the flow of vehicles carrying the solid waste from the above three cities day and night. The site in question is near the abadi area. The villages of the area are already suffering health hazards because of Patiala Refinery, DSG Paper Mill and a Ganda Nala. The Health Department has already declared the water of village Dhudhar and village Main as unfit and unsafe for human consumption. It has also been stated that the shamlat land of village Dhudhar, where the Solid Waste Project is to be set up, is a fertile land and source of income of the Gram Panchayat and also source of livelihood for the poor people who took the land in question for cultivation in auction. In order to show the resentment of the people of the area, the petitioners have placed on record copies of the resolutions stated to have been passed by the Gram Panchayats of various adjoining villages and the representation made to the Deputy Commissioner, Patiala (P-3 to P-8).
(3.) Separate written statements have been filed by the respondents. In the written statement filed by the Deputy Commissioner, Patiala, on behalf of respondent Nos. 1 and 2 various allegations levelled in the writ petition have been denied. In the preliminary objections it has been asserted that about 150 acres of shamlat land is under the ownership of Gram Panchayat, Dudhar, out of which 40 acres of land has been given by the Gram Panchayat to the Municipal Corporation, Patiala, for setting up of Municipal Solid Waste Project, which is under consideration of the State Government. It has been pointed out that earlier the land in question was in unauthorised possession of the villagers and after prolonged litigation the same has been got vacated by the Gram Panchayat. Those persons are now raising objections against the setting up of Municipal Solid Waste Project. The Municipal Corporation, Patiala has agreed to pay Rs. 20,000/- per year per acre with 10% increase in the lease money every third year to the Gram Panchayat.;