HC allows compost yard within market area in Tirupur district

A division bench comprising Justices S Manikumar and Subramonium Prasad said, “Out of five acres, an area of measuring to an extent of five cents is only used for the purpose of composting, that too only agricultural and such other biodegradable waste produced in the market and town areas.”

“The panchayat, therefore, cannot be at fault for converting portions of weekly market into compost yard. It is also the duty of the panchayat to ensure that the weekly market is maintained properly, and that the entire area is not converted into dumping yard,” the bench said.

The petitioner, Kemban had submitted that the Executive Officer, Muthur town panchayat, had initially started a small yard to dump the garbage collected in the weekly market. “Now, the panchayat has decided to have a compost yard in that place. But if a compost yard was established, it will result in spreading of diseases. Already foul smell is emanating from the compost yard,” he said.

Countering this, the panchayat had submitted that out of five acres of land, used for the weekly market, only five cents is being used for the purposes of compost yard and that the vegetable waste generated from the market and the nearby households was segregated here and manure was produced from biodegradable waste in the compost yard.

Moreover, under the solid waste management scheme, Rs 16.47 lakh has been allocated for the construction of compost pad with leachate drains and collection well while Rs 66 lakh has been sanctioned for the construction of window platform with shed and resource recovery shed. The said process would make the area eco-friendly and the composting process would not cause any inconvenience and pollution related problems to the public, the panchayat said.

However, the bench in its order also held, “It is the duty of the municipal authorities to ensure that there is no nuisancecreated to the residents. The authorities shall ensure that necessary arrangements have to be done to regularly to avoid mosquitoes breeding in the portion of weekly market and maintain hygiene and cleanliness.”