Miscarriage of Municipality

Dr.Gaurang N. Gandhi (Querist) 30 March 2009 This query is : Resolved
Can we file writ for non maintein environment?

Sir I found in my town many factories of Soap ejecting hazardeous powder based air.

till today no actions are taken.

Executive magistrate also face that problem, but one sided comunity town refused to take proper actions.

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adv. rajeev ( rajoo ) (Expert) 30 March 2009
Yes u can file a writ against the muncipality. To maintain the environment is the bounded duty of the muncipality. In so many towns in india because of the neglignece of the muncipality citizens ar suffering.
U can also file consumer case against the Municipality. In our state Karnataka in KOppal dist., one person had filed a consumer case against the muncipality for not maintaining the clenliness of the city, which came to be allowed.

M. PIRAVI PERUMAL (Expert) 30 March 2009
I disagree with Mr. Rajeev. You cannot approach the Consumer Forum for maintaining cleanliness of the city. The remedy for you is not before the Consumer Forum. You have to file Writ Petition before the Hon'ble High Court.

K.C.Suresh (Expert) 01 April 2009
Rajeev is answered

Hiralal Das (Expert) 04 April 2009
I agree with my learned friends. Please try to follow their valuable opinions.

sanjay singh thakur (Expert) 06 April 2009
Dear Gaurang
You can validly file a writ and it will definitely have long term effect and day to day problem viz. pollution etc too will be redressed.

RAKHI BUDHIRAJA ADVOCATE (Expert) 10 April 2009
I do agree with Mr. Perumal. U have to go to file a writ with HC.

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