Hari Ram vs State Of Rajasthan

1. Hari Ram S/o Shri Sahi Ram, Aged About 75 Years, By Caste Suthar, Resident Of Ward No. 1, Kohla, Tehsil And District Hanumangarh. 2. Bimla Devi W/o Shri Net Ram, Aged About 48 Years, Resident Of Ward No. 2, Kohla, Tehsil And District Hanumangarh. 3. Surendra Kumar S/o Shri Mani Ram, Aged About 35 Years, Resident Of Ward No. 2, Kohla, Tehsil And District Hanumangarh. 4. Keval Krishan S/o Shri Bhim Singh, Aged About 38 Years, Resident Of Ward No. 4, Kohla, Tehsil And District Hanumangarh. ----Petitioners Versus 1. State Of Rajasthan, Through The Secretary, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur. 2. The District Collector, Hanumangarh. 3. The Commissioner, Municipal Council, Hanumangarh. 4. Sub Divisional Officer (Revenue), Hanumangarh. 5. Tehsildar (Revenue), Hanumangarh. 6. Sarpanch Gram Panchayat Ramsara Narayan, Panchayat Samiti Hanumangarh. ----Respondents

For Petitioner(s) : Mr. Jaidev Singh Bhati For Respondent(s) : Mr. Sunil Beniwal, AAG

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

27/08/2022

The petitioners have filed the instant writ petition in the

nature of Public Interest Litigation seeking a direction against the

respondents from reserving the land of Chak 19 HMH Stone

No.129/284 Square No.49, Killa Nos. 17, 18, 19, 23, 24 & 25

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admeasuring 1.518 hectares for the purpose of Hadda Rodi

(carcass disposal plant).

Learned counsel Shri Bhati vehemently and fervently urged

that the location of the carcass disposal plant at the aforestated

location is totally unjustified and arbitrary. The abadi of the Gram

Panchayat Kohla is located at a distance of just around 1 Km from

the proposed site and if the disposal of animal carcass is carried

out at such a short distance from the abadi area, it will cause

great inconvenience to the residents of the area. The

disintegrating of carcasses may create health hazard to the

citizens. He thus, submits that the impugned order dated

16.03.2022 whereby land admeasuring 1.518 hectares has been

reserved for the carcass disposal plant deserves to be quashed.

Shri Sunil Beniwal, AAG has filed reply to the writ petition. In

the pleadings made on behalf of the respondents, the averments

made by the petitioners are emphatically denied. It is stated that

the land in question is entered in the name of Gram Panchayat

Ramsara Narayan who gave NOC whereafter, the order for

reserving land for the purpose of carcass disposal plant was

issued. Boundary wall has already been constructed around the

land in question and a big pit has also been dug up. The abadi

area is at a distance of more than 1 Km from the carcass disposal

plant and thus, no inconvenience or health hazard would be

caused to the citizens of the village Kohla by the carcass disposal

plant. In support of these contentions, relevant documents/orders

passed by the revenue authority/courts and a google map have

been placed on record. A bare perusal of the google map filed at

page No.60 of the reply would clearly indicate that the carcass

disposal plant is at a significant distance from any abadi area.

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Identical controversy was considered in the case of Kaniram

Thalor & Ors. vs Union of India & Ors. (D.B. Civil Writ

Petition No.13565/2019, decided on 02.07.2021) wherein

challenge was laid to setting up of a Sewage Treatment Plant

adjacent to the residential colonies of Churu. This Court

elaborated upon the controversy and held as below:-

"Challenge in the present writ petition has been made for setting up a Sewage Treatment Plant at Forest Land and Adjacent to Residential Colonies, District Stadium and Krishi Upaj Mandi, Churu. Various objections have been raised as to why the location of this Sewage Treatment Plant is inappropriate and otherwise affects the local sanitary of that area.

Having heard the learned counsel for the petitioner as well as Mr. Shah for the State, we are of the considered view that certain public may have to suffer minor difficulties for the purpose of larger public good.

Consequently, we are not inclined to entertain the present PIL and dispose of the same directing the State and its authorities to set up the Sewage Treatment Plant at the earliest putting in place all safety requirements for the operation of the said Sewage Treatment Plant.

With the aforesaid observations, the writ petition stands disposed of. A certified copy of this order be provided to learned counsel for the respondents for necessary compliance."

Apparently thus, for the purpose of larger public good, if

certain set of citizens may face minor inconvenience, that cannot

be a ground to undo the proposal of the authorities to set up the

questioned carcass disposal plant. The establishment of such

disposal plant is imperative because non-availability of such

facility leads to the unscientific random disposal of animal carcass

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which is a greater health hazard to the society. However, we direct

the respondents to ensure that the area in question is encumbered

by a proper boundary wall. Extensive plantation shall be made

therein so as to prevent foul odours which may cause

inconvenience to the residents of the area in question.

With the above observations, the instant writ petition is

dismissed.

(CHANDRA KUMAR SONGARA),J (SANDEEP MEHTA),J 10-Sudhir Asopa/-

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