Delhi High Court
Apeejay Education Society Regd. & Anr. vs Municipal Corporation Of Delhi Through ... on 31 January, 2024
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 78/2024 & C.M.Nos.5575-5577/2024
APEEJAY EDUCATION SOCIETY REGD. & ANR. ..... Appellants
Through: Mr.Sanjeev Ralli, Sr.Advocate with
Mr.Shubham Yadav, Mr.Ravi Kant Yadav
and Mr.Chetanya Baweja, Advocates.
versus
MUNICIPAL CORPORATION OF DELHI THROUGH ITS
COMMISSIONER & ORS. ..... Respondents
Through: Mr.Manu Chaturvedi, standing counsel for
MCD with Ms.Devika Singh Roy
Chowdhury, Advocate.
% Date of Decision: 31st January, 2024
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMOHAN, ACJ : (ORAL)
1. Present Letters Patent Appeal has been filed by the appellant-petitioner
challenging the order dated 20th December, 2023 passed by the learned Single
Judge in W.P.(C) No.16498/2023, whereby notice of the subject writ petition was
issued but the learned Single Judge declined to grant any interim stay against
construction of Fixed Compactor Transport Station ("FCTS") next to the
appellants-school.
2. Learned senior counsel for the appellants states that the construction of
FCTS ought to be stayed as it exposes students to serious health hazards and
unhygienic conditions. He states that the FCTS site has been chosen without
application of mind and by ignoring the norms under Development Code framed
under MPD- 2021 and Construction Bye Laws 2016. He states that the learned
Single Judge failed to consider the unhygienic, environmentally harmful and
polluting site conditions which will prevail once FCTS in question becomes
operational with a daily dumping capacity of about 10000 Kg. (approximate
storage capacity of FCTS) of untreated municipal waste/garbage immediately
adjoining the boundary wall of the appellants-school.
3. Learned senior counsel for the appellants points out that vide order dated
04th April, 2022 passed in WP (C) No.5529/2022 titled 'Nadira Sarkar v.
NDMC', this Court had restrained the NDMC from setting or operating the FCTS
facility.
4. Learned standing counsel for the MCD, who appears on advance notice,
states that the respondents are only implementing Solid Waste Management
Rules, 2016 and SDMC Solid Waste Management Bye-Laws, 2017. He states
that the FCTS is being constructed at the same site where there exists a dumping
site/open dhalao. He submits that the facts in the case of Nadira Sarkar v.
NDMC (supra) are not similar inasmuch as in the said case, FSTC facility was
being set-up within the school premises.
5. In rejoinder, learned senior counsel for the appellants disputes the fact that
the FCTS is being erected at the same site where open dhalao exists.
6. Having heard learned counsel for the parties, this Court is prima facie in
agreement with the submission advanced by learned counsel for the MCD that
the FCTS is being constructed in accordance with the Solid Waste Management
Rules, 2016 and SDMC Solid Waste Management Bye-Laws, 2017.
7. This Court is also in agreement with the view of the learned Single Judge
that the proposed FCTS would be more hygienic and environmental friendly than
the existing open dumping site/dhalao, whether at the same place or in the
immediate neighbourhood. Even otherwise, the construction of the FCTS at the
proposed site is subject to further orders in the writ petition.
8. The order passed in the case of Nadira Sarkar v. NDMC (supra) is also
distinguishable as in the said case, FSTC was proposed to be constructed within
the school premises. In the present case, the proposed FSTC is being constructed
outside the school premises.
9. Consequently, this Court finds no reason to interfere with the impugned
order dated 20th December, 2023. Accordingly, the present appeal along with the
applications is dismissed. However, this Court clarifies that its observations in
the present appeal are tentative and the parties are at liberty to raise all their
submissions and contentions before the learned Single Judge-who shall decide
the same uninfluenced by any observation in this order.
ACTING CHIEF JUSTICE
MANMEET PRITAM SINGH ARORA, J
JANUARY 31, 2024
KA
