The Uttarakhand High Court has observed that it is generally not for the Court to micro-manage such aspects of development and take a decision as to where a particular facility should be located.
The Division Bench of Chief Justice Vipin Sanghi and Justice Ramesh Chandra Khulbe disposed of a Public Interest Litigation (PIL) filed seeking direction to the the respondents not to relocate the existing / present garbage and waste disposal site near the water source and cremation area of the petitioner’s Village Kuneli, Village Panchayat Marora, Gairsain, District Chamoli, Uttarakhand.”
“First and foremost, we may observe that it is generally not for the Court to micro-manage such aspects of development and take a decision as to where a particular facility should be located. We are, therefore, not inclined to interfere with the decision of the respondents to relocate, or create another garbage and waste disposal facility”, the Court observed.
Counsel for the petitioner submitted that the petitioner’s representation is pending consideration before the respondents.
Therefore the Court directed that let the respondents examine the said representation before acting on their proposal to relocate the present garbage and waste disposal facility.
It is clarified by the Court that, even if the representation is rejected, that would not be a reason to the petitioner to approach the Court again on the merits of the petitioner’s claim.