HC orders JMC to stop using garden plot for solid waste dumping

Ahmedabad: The Gujarat high court has ordered the Jamnagar Municipal Corporation (JMC) not to use a plot earmarked for a public garden to dump solid waste, even temporarily, because "such use results in an unhealthy and unhygienic environment, adversely affecting the residents".A petition was filed by residents living near Final Plot No. 88 in Jamnagar Town Planning Scheme No. 3A through advocate Pratik Jasani, who submitted that the plot had been reserved for a public garden since 1994 but had not been developed yet. Instead, the municipal corporation was using the land as a dump site. The petitioners placed photographs on record showing the condition of the area.After examining the photographs, Justice Niral Desai said the condition of the land appeared "extremely disturbing" and noted that a substantial parcel that could have been used as a public garden had been rendered "highly insalubrious".JMC, in its affidavit, denied that the plot was being used as a dump yard in the strict sense. It submitted that the site was only being used temporarily for dumping solid waste collected from houses before onward transportation. It also said the plot was cleaned regularly and produced a photograph in support.The municipal corporation further submitted that it was compelled to use the land for solid waste dumping because it had not been allotted alternative land by the govt as a permanent dumping site.The HC said such administrative issues could be addressed between the corporation and the govt, but emphasised that a plot reserved for a public garden could not be used for waste handling. The HC 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 HC sought an affidavit from the JMC commissioner "clarifying the position with regard to the availability of alternative land and the steps undertaken administratively with the govt for allotment of a permanent site for a dump yard". Further hearing has been scheduled for June 15.
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