Case Note & Summary
These two petitions filed before the Bombay High Court challenge the use of a 28-acre plot at Hadapsar Industrial Estate, Pune, by the Pune Cantonment Board (PCB) and the Pune Municipal Corporation (PMC) for processing of solid waste generated in their areas. The petitioners allege that the land is being used for dumping solid waste, which emanates toxic and foul smell and polluted air affecting residents in nearby buildings. The first petition, Public Interest Litigation No. 75 of 2022, was filed by Hadapsar Industries Association and St. Patricks’ Town Co-operative Society Ltd., seeking discontinuation of garbage activities at the land and shifting of the same to a permanent alternative land. They seek a declaration that the land is not suitable for garbage activities as per Solid Waste Management Rules, 2016 and the State Government order dated 11 September 2018. The second petition, Writ Petition No. 4794 of 2025, was filed by five senior citizens residing in Sopan Baug area, complaining about daily toxic, foul odor and extremely polluted air emanating for about six hours daily from two garbage depots operated by PCB and PMC at the land, and praying for shifting of the entire garbage activities to a location outside city limits.
The factual background reveals that the Pune Cantonment Board has been using the land as a garbage depot for several years, possibly up to 100 years according to its affidavit. The land is not owned by PCB; it is occupying it as a lessee holding over. A suit for eviction filed by 61 persons in 1998 was dismissed in 2009, with an appeal pending. Earlier proceedings include Writ Petition (PIL) No. 96/1999 filed by Hadapsar Industrial Estate Environmental Group, which resulted in a Division Bench order dated 20 July 2016 directing the Secretary, Urban Development Department to decide whether the land is suitable under Rules 11 and 12 of Schedule-I of SWM Rules, 2016, after hearing parties. The Court also directed closure if the site had exceeded capacity and required MPCB to monitor compliance. A Special Leave Petition against that order was dismissed on 18 May 2018. Pursuant to those directions, the Secretary, UDD passed an order dated 11 September 2018 holding the land suitable for processing of municipal solid waste but directing stopping of dumping, scientific disposal of already dumped garbage in 18 acres, use of 10 acres for composting, and requiring PCB to look for an alternative site in view of rapid development. The petitioners in PIL No. 75/2022 allege that no action was taken on the alternative site requirement, leading to the present petitions.
The main legal issues are whether the land is suitable for garbage processing under SWM Rules, 2016 and the State Government order, and whether the garbage activities should be shifted outside Pune city limits due to environmental and health concerns. The petitioners argue that the continued use violates the rules and causes severe pollution. PCB's affidavit claims longstanding use, but no substantive arguments from respondents are included in the provided text. The judgment text ends without recording the court's analysis, findings, or final decision. Therefore, the final outcome and ratio decidendi are not available from the provided portion.
Issue of Consideration
Whether the land at Hadapsar Industrial Estate, Pune is suitable for garbage processing/dumping under Solid Waste Management Rules, 2016 and the State Government order dated 11 September 2018; whether the garbage activities should be shifted outside Pune city limits to prevent pollution and health hazards.
Case Details
2025 LawText (BOM) (08) 11
Writ Petition No. 4794 of 2025 with Public Interest Litigation No. 75 of 2022
Aloka Aradhe, CJ; Sandeep V. Marne, J
Mr. C.D. Nargolkar i/b Mr. Niranjan Mogre, Mr. Vijay Upadhyay with Ms. Asha Kanzaria, Mr. Tushad Kakalia with Mr. Sandeep Goyal i/b Mulla & Mulla & Craigie Blunt & Caroe, Mr. Rajdeep Khadapkar, Ms. Nidhi Chauhan with Mr. Akshay Naidu i/b Mr. Vishwanath Patil, Mr. Sachindra B. Shetye with Mr. Nipun Sawane & Mr. Akshay Pansare, Mrs. Neha S. Bhide with Mr. O.A Chandurkar and Mrs. Gauri R. Raghuwanshi
Dr. Nikhil Shah, Suresh Wadhwa, Vijay Bijlani, Christine Rebelo, Sheetal Chavan (Writ Petition No. 4794/2025); Hadapsar Industries Association, St. Patricks’ Town Co-Op. Society Ltd. (Public Interest Litigation No. 75/2022)
The Pune Cantonment Board, The Pune Municipal Corporation, The Maharashtra Pollution Control Board, The Collector, Pune District, The State of Maharashtra
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Nature of Litigation
Two writ petitions (one public interest litigation) challenging use of 28-acre land at Hadapsar Industrial Estate, Pune by Pune Cantonment Board and Pune Municipal Corporation for processing/dumping of solid waste, alleging toxic smell and polluted air affecting nearby residents.
Remedy Sought
Direction to shift garbage activities from the land to alternative sites outside Pune city limits; declaration that the land is not suitable for garbage activities under Solid Waste Management Rules, 2016 and State Government order dated 11 September 2018.
Filing Reason
Residents and local associations allege that daily toxic, foul odor and extremely polluted air emanate from two garbage depots operated by PCB and PMC, causing health hazards despite earlier directions for alternative site.
Previous Decisions
Writ Petition (PIL) No. 96/1999 decided on 20 July 2016 directing Secretary UDD to assess suitability under SWM Rules, 2016; SLP No. 12529/2018 dismissed on 18 May 2018; Secretary UDD order dated 11 September 2018 held land suitable for processing but directed stopping dumping, scientific disposal of 18 acres, use of 10 acres for composting, and PCB to seek alternative site; Suit No.2/1998 for eviction dismissed in 2009 with appeal pending.
Issues
Whether the land at Hadapsar Industrial Estate is suitable for garbage processing/dumping under Solid Waste Management Rules, 2016 and the State Government order dated 11 September 2018
Whether the garbage activities should be shifted outside Pune city limits to prevent pollution and health hazards
Submissions/Arguments
Petitioners allege that the land is being used for dumping solid waste, emanating toxic and foul smell and polluted air affecting residents; they seek shifting to outside city limits.
PIL petitioners contend the land is not suitable for garbage activities under Solid Waste Management Rules, 2016 and State Government order dated 11 September 2018, and that PCB is only a lessee holding over.
PCB claims use of the land as garbage depot for the last 100 years, according to its affidavit.
Judgment Excerpts
These two petitions challenge use of the land at Hadapsar Industrial Estate, Pune by Pune Cantonment Board and Pune Municipal Corporation for processing of solid waste generated in their areas.
The Petitioners allege that the land is being used for dumping of solid waste, which emanates toxic and foul smell and polluted air affected residents in nearby buildings.
Secretary, UDD passed order dated 11 September 2018 holding that the land is suitable for use for processing of the municipal solid waste. However, directions were issued for stopping use of the land dumping of garbage.
Procedural History
Suit No.2/1998 filed by 61 persons claiming ownership of land seeking eviction of PCB, dismissed in 2009, appeal pending; Writ Petition (PIL) No. 96/1999 filed by Hadapsar Industrial Estate Environmental Group for shifting dump site outside Pune City limits, decided by Division Bench on 20 July 2016 directing Secretary UDD to assess suitability under SWM Rules 2016; Special Leave Petition No. 12529/2018 against that order dismissed on 18 May 2018; Contempt Petition (St.) No. 16292/2018 filed; MPCB granted renewal of authorization on 16 July 2018; State Government arranged site visit on 7 August 2018; Secretary UDD passed order dated 11 September 2018; PIL No. 75/2022 filed; Writ Petition No. 4794/2025 filed; Judgment reserved on 28 July 2025 and pronounced on 5 August 2025, but no final decision provided in text.
Acts & Sections
- Cantonment Act, 1924:
- Cantonment Act, 2006:
- Solid Waste Management Rules, 2016: Rules 11, 12, Schedule-I
