This Court issued notice to the respondents on 13.12.2010. After receiving the notice, the Commissioner of Municipality has filed a counter affidavit on 06.04.2011 stating that the subject land was acquired at a cost of Rs.41,98,500/- for the purpose of providing compost yard; the Municipality called for objections from the public, but no objections were received; it is proposed to install green belt around the compost yard with the help of Social Forestry Department for planting saplings to prevent pollution as per the guidelines; the steps are being taken for segregation of different categories like plastic bags and waste material which will be cured through the chemical process and that compost yard will be manned by watchmen. The allegation that the compost yard is being set up in residential area is denied asserting that the subject land is surrounded by burial ground, drainage connected tank and open fields. A reference is also made to a civil suit, being O.S.No.325 of 2010, on the file of the Court of the Principal Junior Civil Judge, Machilipatnam, filed by other persons and it is alleged that when the civil Court refused interim orders, the present writ petition is filed. The Commissioner also states that the compost yard will be under the guidance and guidelines of the Andhra Pradesh Pollution Control Board (APPCB) in accordance with the Municipal Solid Waste (Management & Handling) Rules, 2000 (the Rules).
