Civil Writ - PIL - Solid Waste Processing – Prayer for Shifting Refused – Compliance with SWM Rules, 2016 Upheld – Petitioners sought direction to relocate waste processing activities of PCB and PMC at Hadapsar Industrial Estate, alleging pollution, foul odour, health hazards, and violation of previous governmental directions – Held: Processing facilities at the site are in accordance with the Solid Waste Management Rules, 2016 and the State Government’s order dated 11.09.2018 – No mandatory order exists to shift or close processing at the current site – Petitioners’ reliance on direction for exploration of alternative site held only recommendatory, not binding – Shifting of all waste processing outside city limits not feasible for urban agglomerations like Pune – Existing facilities to continue with safeguards [Paras 21, 44-47, 55-56, 60-61].

Interpretation of State and Court Directions – Secretary, UDD’s Order of 11.09.2018 – Suitability for Waste Processing – After expert review and site visit, Secretary, UDD held the entire 28-acre land suitable for solid waste processing but prohibited further open dumping of mixed waste – Scientific processing, composting, bio-mining, and capping of legacy waste mandated – Direction to “look for alternative site” held as long-term recommendation, not as immediate order for relocation – Mere non-implementation of exploratory direction does not vitiate ongoing authorized operations [Paras 41-44, 45, 55-56].

Legal Duties of Local Bodies – Waste Management within City Limits – Under Rule 11(f) & Rule 15 of SWM Rules, 2016, local bodies must establish waste processing/disposal facilities for each area of 20 sq. km – Complete removal of all such facilities from city limits neither practical nor required under law – Mandate is to ensure scientific processing, compliance with environmental safeguards, and avoidance of mixed waste dumping – Individual inconvenience or ‘not in my backyard’ syndrome cannot override statutory duty for citywide waste management [Paras 29-31, 45-47].

Role of Pollution Control Board and Oversight – Authorization and Monitoring by MPCB – Facility authorized by Maharashtra Pollution Control Board (MPCB) with compliance to SWM Rules, 2016 – MPCB to monitor strict adherence to conditions, and to take legal action in case of any violation – No challenge to MPCB authorization in current petitions – Ongoing operation of facility remains subject to continuous regulatory compliance [Paras 33, 40, 57, 61(v)].

Joint Use by PCB and PMC – Validity of Collaboration – No legal bar against PCB and PMC jointly using the Hadapsar site for waste processing – Site within PMC limits but under PCB control; mutual arrangement to treat waste from both authorities found legal and longstanding – Petitioners’ objection to joint use rejected [Paras 53-54].

Safeguards and Environmental Protections – Directions to Minimize Health Impact – Both PCB and PMC directed to strictly prevent dumping of mixed waste and to ensure scientific processing, composting, and proper disposal of residual waste – Both bodies must adopt all feasible modern measures (including odour/dust suppression, enclosure, fogging/misting, increased boundary wall, etc.) to protect public health and minimize nuisance – Court issues further directions for compliance with SWM Rules, 2016 and State Government’s order dated 11.09.2018 [Paras 48-52, 59-61].

Decision – Relief for Shifting Facility Rejected – Both writ petitions and PIL dismissed – Prayer for shifting the waste processing facility from Hadapsar Industrial Estate to an alternate site refused – Directions issued for scientific and compliant management of facility, with liberty to PCB/PMC to seek more land if needed [Paras 60-62].

Criminal Law – Conviction for Voluntarily Causing Hurt and Trespass – Sections 452, 323, and 325 IPC – Sentence Modified – The petitioner was convicted by the Trial Court and sentenced to two years’ rigorous imprisonment under Sections 452 and 325 IPC and one year under Section 323 IPC, with fines – Conviction upheld by Appellate Court – In revision, petitioner confined challenge to sentence – Held: Considering that petitioner had undergone 6 months and 21 days in custody, was not involved in any other case, and sought peaceful life after 11 years of litigation, sentence reduced to period already undergone [Paras 1-5, 9-10].

Sentencing Principles – Judicial Discretion – Proportionality and Reform – Discretion in Sentencing Must Be Judicially Exercised – The Court relied on Supreme Court precedents to hold that discretion in sentencing must consider gravity, manner of offence, and reformation prospects – Held: Sentence should be proportional and not excessive – Law allows leniency in absence of minimum sentence and upon positive reformation indicators [Paras 6-7].

Final Decision – Conviction Upheld – Sentence Reduced – Petitioner Ordered to Be Released – While maintaining the conviction, the Court reduced the sentence to period already undergone – Directed immediate release of petitioner unless required in any other case – Miscellaneous applications also disposed of [Paras 10-12].

Civil Writ - PIL - Solid Waste Processing – Prayer for Shifting Refused – Compliance with SWM Rules, 2016 Upheld – Petitioners sought direction to relocate waste processing activities of PCB and PMC at Hadapsar Industrial Estate, alleging pollution, foul odour, health hazards, and violation of previous governmental directions – Held: Processing facilities at the site are in accordance with the Solid Waste Management Rules, 2016 and the State Government’s order dated 11.09.2018 – No mandatory order exists to shift or close processing at the current site – Petitioners’ reliance on direction for exploration of alternative site held only recommendatory, not binding – Shifting of all waste processing outside city limits not feasible for urban agglomerations like Pune – Existing facilities to continue with safeguards [Paras 21, 44-47, 55-56, 60-61].

Interpretation of State and Court Directions – Secretary, UDD’s Order of 11.09.2018 – Suitability for Waste Processing – After expert review and site visit, Secretary, UDD held the entire 28-acre land suitable for solid waste processing but prohibited further open dumping of mixed waste – Scientific processing, composting, bio-mining, and capping of legacy waste mandated – Direction to “look for alternative site” held as long-term recommendation, not as immediate order for relocation – Mere non-implementation of exploratory direction does not vitiate ongoing authorized operations [Paras 41-44, 45, 55-56].

Legal Duties of Local Bodies – Waste Management within City Limits – Under Rule 11(f) & Rule 15 of SWM Rules, 2016, local bodies must establish waste processing/disposal facilities for each area of 20 sq. km – Complete removal of all such facilities from city limits neither practical nor required under law – Mandate is to ensure scientific processing, compliance with environmental safeguards, and avoidance of mixed waste dumping – Individual inconvenience or ‘not in my backyard’ syndrome cannot override statutory duty for citywide waste management [Paras 29-31, 45-47].

Role of Pollution Control Board and Oversight – Authorization and Monitoring by MPCB – Facility authorized by Maharashtra Pollution Control Board (MPCB) with compliance to SWM Rules, 2016 – MPCB to monitor strict adherence to conditions, and to take legal action in case of any violation – No challenge to MPCB authorization in current petitions – Ongoing operation of facility remains subject to continuous regulatory compliance [Paras 33, 40, 57, 61(v)].

Joint Use by PCB and PMC – Validity of Collaboration – No legal bar against PCB and PMC jointly using the Hadapsar site for waste processing – Site within PMC limits but under PCB control; mutual arrangement to treat waste from both authorities found legal and longstanding – Petitioners’ objection to joint use rejected [Paras 53-54].

Safeguards and Environmental Protections – Directions to Minimize Health Impact – Both PCB and PMC directed to strictly prevent dumping of mixed waste and to ensure scientific processing, composting, and proper disposal of residual waste – Both bodies must adopt all feasible modern measures (including odour/dust suppression, enclosure, fogging/misting, increased boundary wall, etc.) to protect public health and minimize nuisance – Court issues further directions for compliance with SWM Rules, 2016 and State Government’s order dated 11.09.2018 [Paras 48-52, 59-61].

Decision – Relief for Shifting Facility Rejected – Both writ petitions and PIL dismissed – Prayer for shifting the waste processing facility from Hadapsar Industrial Estate to an alternate site refused – Directions issued for scientific and compliant management of facility, with liberty to PCB/PMC to seek more land if needed [Paras 60-62].

Civil Law - Permanent Injunction – Suit Between Co-sharers – Claim for Exclusive Possession Not Established – Dismissal Upheld – The plaintiff-appellant, a co-sharer, filed a suit for permanent injunction against another co-sharer alleging interference in possession – Both Trial Court and First Appellate Court found no evidence of exclusive possession or partition – Held: Co-sharer cannot seek injunction without proving exclusive possession or ouster – Findings of fact by lower courts are supported by law – No interference warranted in second appeal [Paras 3, 8, 11].

Co-ownership – Right to Use Common Property – Suit Not Maintainable Without Proof of Ouster – The lower courts relied on binding precedents to hold that co-owners have joint rights over entire property – Mere use or construction by one co-sharer does not amount to ouster – Held: In absence of evidence showing ouster, hostile possession, or exclusive title, injunction against a co-sharer not in possession cannot be granted – Remedy lies in partition, not injunction [Paras 9-10].

Second Appeal – No Substantial Question of Law – Appeal Dismissed – The High Court reiterated that concurrent findings of fact cannot be disturbed in second appeal unless substantial question of law is raised – Held: No legal or factual error shown to justify interference – Appeal devoid of merit and dismissed [Paras 11-12].

Final Decision – Second Appeal Dismissed – Trial Court and Appellate Court Judgments Affirmed – No evidence to support exclusive possession or ouster – No substantial question of law raised – Appeal dismissed with no relief granted to appellant [Para 12].

Criminal Law - Appeal Against Conviction – Robbery, Use of Deadly Weapon, and Recovery – Section 394/397/411/34 IPC & Section 25 Arms Act – Conviction Upheld – The appellant challenged his conviction for robbery and allied offences, arguing improper recovery, lack of proof of mobile phone ownership, and misapplication of Section 397 IPC in conjunction with Section 34 – The Court found that consistent and credible ocular testimony of the complainant (PW-5) and the injured witness (PW-7), supported by medical evidence and recovery of weapon and property, established the appellant’s guilt beyond reasonable doubt – The specific role of inflicting stab injury was attributed to the appellant, and evidence remained unshaken in cross-examination – Held: Conviction and sentence upheld [Paras 2-10, 11, 13].

Section 397 IPC – Applicability and Use of Deadly Weapon – Legal Principles Restated – The Court reaffirmed that use of a deadly weapon, even during escape with stolen property, attracts Section 397 IPC, as per established precedent in Asif v. State (NCT of Delhi), 2022 SCC OnLine Del 270 – The sequence of events, including the stabbing during the course of robbery and escape, squarely attracted Section 397 – Section 397 can operate even if co-accused actually snatched the property, where the appellant used the weapon to facilitate the offence [Para 10].

Reduction of Sentence – No Leniency Warranted in Light of Past Convictions and Gravity – The appellant’s plea for reduction of sentence to the statutory minimum was rejected – The Court noted the appellant’s previous convictions and involvement in other pending cases – Considering the nature and gravity of the offence, and the absence of mitigating factors, no interference with sentence was warranted – Prayer for reduction of sentence rejected [Paras 11-12].

Decision – Appeal Dismissed – Conviction and Sentence Affirmed – The appeal was dismissed; conviction and order on sentence were upheld – Directions issued for compliance by jail authorities and trial court [Paras 13-14].

Civil Writ - Panchayat Election – Sole Nomination – Election Process Frustrated – Petition Dismissed – Election to President of Nalluru Gram Panchayat was scheduled for 21.07.2025—Only petitioner submitted nomination, but Prescribed Election Officer failed to attend and no scrutiny or further process occurred—Some members could not submit nominations due to officer’s absence—State issued fresh calendar for 06.08.2025—High Court held that election process never commenced and stood frustrated due to Prescribed Officer’s conduct; declaration of petitioner as elected untenable; fresh poll justified [Paras 1-6].

Nomination Procedure – Mandatory Compliance – Nomination must be filed with Prescribed Election Officer—Submission to unauthorised officer invalid; absence of scrutiny and withdrawal stages vitiated process [Paras 2, 5].

Right to Contest – Fresh Election – Court clarified that all eligible candidates, including petitioner, may file nominations for rescheduled poll [Para 7].

Decision – Writ petition dismissed; State’s decision to hold fresh election upheld [Paras 6-7].

NDPS Bail – Sections 21, 25, 29 of the NDPS - Recovery of Intermediate Quantity of Heroine – Section 37 Not Attracted – Bail Granted – Petitioner was arrested for alleged possession of 100 grams of heroin, an intermediate quantity – Co-accused implicated her through disclosure statement – Held: Section 37 NDPS not applicable to intermediate quantity – Bail granted considering long custody, parity with co-accused, and absence of need for further investigation [Paras 2, 14, 24-26].

Disclosure Statement – Limited Evidentiary Value – Arrest Based on Co-accused’s Statement – The applicant’s arrest was based on a disclosure statement of co-accused without independent corroboration – Held: Sole reliance on disclosure without further investigation cannot justify prolonged incarceration – Custodial interrogation no longer required [Paras 13-14, 24-25].

Procedural Safeguards – Violation of Sections 42, 50 and 57 NDPS Act Alleged – Petitioner alleged multiple procedural lapses, including improper communication of grounds of arrest and non-compliance with Section 50 NDPS – Held: These contentions merit consideration at trial – Not decisive for rejecting bail at this stage [Paras 4-10].

Parity and Discrimination – Co-accused Already Released – Petitioner Entitled to Bail – Co-accused with similar or lesser recovery granted bail – Held: Applicant cannot be treated differently in absence of compelling distinguishing factors – Parity principle applicable [Para 24].

Prolonged Custody – No Need for Further Investigation – Chargesheet Filed – Bail Justified – Petitioner in custody since 26.04.2024 – No fresh recovery required and investigation substantially completed – Held: Further incarceration unnecessary and would amount to pre-trial punishment [Paras 2, 11, 24-26].

Final Order – Bail Granted – Subject to Conditions – Court granted bail on furnishing personal bond of Rs. 35,000/- with surety and imposed conditions including attendance in Court, no tampering with evidence, and residence verification [Para 26].

Civil Law - Land Revenue Act – Delay Condonation – Appeal Filed After 24 Years – Quashing Sought – Delay Condonation Upheld – Petitioner challenged condonation of 24-year delay in appeal against mutation order – Court found that petitioner had actively participated in appeal proceedings post-revisional order – Once petitioner accepted revisional direction and appeared before appellate authority, he could not later challenge the same order without disclosing participation – Held: Petition dismissed due to suppression of material facts and conduct unbecoming of a litigant invoking extraordinary jurisdiction [Paras 24–26, 31].

Writ Jurisdiction – Suppression of Material Facts – Petitioner Approached Court with Unclean Hands – Petition Dismissed – Petitioner failed to disclose that he had participated in proceedings before Appellate Court from 18.08.2022 to 04.11.2023 – Held: Writ remedy being equitable, discretionary relief cannot be granted to a litigant who deliberately misleads the Court – Court dismissed the writ petition and imposed exemplary costs [Paras 25–30, 34–35].

Parallel Proceedings – Abuse of Process – Invoking Article 226 While Participating in Lower Court Proceedings – Impermissible – Petitioner challenged revisional and appellate orders in writ jurisdiction while simultaneously pursuing proceedings before the appellate forum – This amounted to forum shopping and abuse of judicial process – Held: Dual remedies on same cause of action not maintainable when material facts are suppressed [Paras 24, 34].

Exemplary Costs – Misuse of Constitutional Remedy – ₹20,000 Imposed for Abuse of Process – In view of calculated concealment and misuse of Court’s process, the Court imposed ₹20,000 costs on the petitioner to be deposited in the Advocate’s Welfare Fund – Intended to deter dishonest litigants and uphold sanctity of writ jurisdiction [Para 34].

Final Decision – Writ Petition Dismissed – Costs Imposed – No Relief Granted – Court found that petitioner suppressed critical information and tried to mislead the Court – Petition dismissed with ₹20,000 costs – Observed that petitioner was not entitled to any discretionary relief under Article 226 [Para 35].

Criminal Law - Bail – Second Regular Bail Application – No Change in Circumstance – Dismissed – Applicant filed second bail application citing prolonged custody exceeding three and a half years – No substantial change in circumstances since first application – Court held that seriousness of offence and role played by applicant in the sexual assault of minor boys ruled out any relief at this stage – Bail denied [Paras 1, 5, 17].

Sexual Offences Against Minors – Strong Prima Facie Case – Active Participation by Applicant – The applicant forcibly brought one of the minor victims and participated in the commission of aggravated penetrative sexual assault – Presence of applicant throughout, threats issued, and restraining acts established active complicity – Medical reports, FSL, and video footage supported the prosecution case – Bail denied in view of gravity [Paras 10–14].

Applicability of Section 436A CrPC – Not Applicable – Though applicant remained in custody for over 3.5 years, Court noted that minimum punishment under Section 6 of POCSO Act is 20 years – Threshold for release under Section 436A not yet satisfied – Continued custody justified in light of serious charges and risk of influencing victims or tampering with evidence [Paras 18–21].

Judicial Intervention – Time-Bound Trial Directed – Despite general judicial reluctance to issue directions for speedy trials, Court deemed this case exceptional due to serious nature of offences – Directed the Trial Court to conclude the trial within one year – Directed the State to ensure regular production of accused and expeditious witness examination [Paras 24–28].

Final Order – Bail Application Rejected – High Court held that prolonged incarceration did not outweigh the gravity of allegations, especially considering the applicant’s role in the offence, availability of direct evidence, and threat perception to victims – Matter to be monitored for expeditious trial completion – Application dismissed [Para 29].