The Gujarat High Court has directed the Jamnagar Municipal Corporation (JMC) to refrain from using a plot designated for a public garden as a solid waste dumping site, even on a temporary basis. The court emphasized that such usage creates an unhealthy and unhygienic environment, adversely affecting nearby residents.
Petition Filed by Residents
A petition was submitted by residents living near Final Plot No. 88 in Jamnagar Town Planning Scheme No. 3A, represented by advocate Pratik Jasani. The petitioners argued that the plot had been reserved for a public garden since 1994 but remained undeveloped. Instead, the municipal corporation was using the land as a dump site. Photographs depicting the condition of the area were presented as evidence.
Court's Observation
After reviewing the photographs, Justice Niral Desai described the land's condition as "extremely disturbing" and noted that a substantial portion that could have served as a public garden had become "highly insalubrious." The court expressed concern over the adverse impact on residents and those working in the vicinity.
JMC's Defense
In its affidavit, the JMC denied that the plot was being used as a dump yard in the strict sense. It claimed that the site was only temporarily used for dumping solid waste collected from households before onward transportation. The corporation also stated that the plot was cleaned regularly and provided a photograph to support its claim.
The JMC further submitted that it was compelled to use the land for waste dumping because the government had not allotted an alternative permanent dumping site. The court acknowledged this administrative issue but stressed that a plot reserved for a public garden cannot be used for waste handling, even temporarily.
Court's Order
The High Court order read: "The fact, however, remains that a plot reserved for a public garden cannot be permitted to be utilised, even temporarily, as a dump yard, as such use results in an unhealthy and unhygienic environment, adversely affecting the residents and persons carrying on occupation in the vicinity."
The court directed the JMC commissioner to file an affidavit "clarifying the position with regard to the availability of alternative land and the steps undertaken administratively with the government for allotment of a permanent site for a dump yard." The next hearing is scheduled for June 15.
