Disposed

Md. Nizamuddin, v. The Government of Andhra Pradesh

Telangana HC15 Mar 2012WP/3463/2012

Case brief

AI extract

What is this about?

Petitioners challenged the Bhimavaram Municipality's proposal to establish an MSW compost yard on land acquired for the INDIRAMMA housing scheme, citing violations of MSW Rules Schedule-III distance guidelines and Article 21. The court disposed of the writ petition and directed the municipality to seek an alternate site.

What did the court decide?

directed the Bhimavaram Municipality to look for an alternate site for the compost yard

Md. Nizamuddin, Vs The Government of Andhra… — Environment and Pollution | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY

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WRIT PETITION No.3463 OF 2012

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Date:15.03.2012

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Between:

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Md.Nizamuddin and others Petitioners And

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The Government of Andhra Pradesh, Represented by its Secretary, Revenue Department, Secretariat, Hyderabad and others .. Respondents

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THE HON’BLE SRI JUSTICE V.V.S.RAO AND

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THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY

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WRIT PETITION No.3463 OF 2012

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ORDER: (Per Hon’ble Sri Justice V.V.S.Rao)

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The petitioners 17 in number are from Bhimavaram Town in West Godavari District. Statedly, they reside in Gandhinagar, Bridgepet, Y.S.R. Colony and Leprosy Colony of Gunupudi area of the Town. Aggrieved by the action of the Bhimavaram Municipality in proposing to establish Municipal Solid Wastes (MSW) compost yard in the land admeasuring Acs.13.56 cents in R.S.Nos.538/1, 541/2, 542/3 and 542/4 of Gunupudi, they filed the instant writ petition. They seek a declaration that the action of the Municipality is contrary to the Municipal Solid Wastes (Management and Handling) Rules, 2000 (for brevity, the MSW Rules) and the provisions of the Environment (Protection) Act, 1986 and the Rules made thereunder and for consequent restrain order.

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The Government of Andhra Pradesh acquired an extent of Acs.81.77 cents in Gunupudi for the purpose of urban housing under Integrated Novel Development in Rural Areas and Model Municipal Areas (INDIRAMMA) Scheme. The land was handed over to Housing Department. The Commissioner, Bhimavaram Municipality, addressed a letter to the Revenue Divisional Officer (RDO), Narasapur, to acquire the land in R.S.Nos.538/1 etc., admeasuring Acs.13.56 cents of Gunupudi for the purpose of establishment of compost yard. On 14.08.2011, the District Collector, while informing the RDO that the land was already acquired for INDIRAMMA Housing Scheme directed to submit proposals for alternate land in lieu of the land admeasuring Acs.13.56 cents.

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Having come to know this, the petitioners filed the instant writ petition. They would contend that the proposed site is in the midst of thickly populated residential locality i.e., Bridgepet with 300 residential houses situated at a distance of 200 metres and any establishment of the dump yard would violate MSW Rules.

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The Commissioner of Bhimavaram filed counter affidavit. He would submit that the Municipality acquired land admeasuring Acs.13.56 cents in R.S.No.318/3 of Yanamadurru Village for establishment of a compost yard and the same was challenged in W.P.No.1114 of 2009 and the matter is pending before the Supreme Court in S.L.P.No.8929 of 2011. Therefore, the District Collector was requested to allot alternate land, who instructed the RDO, Narasapur, to allot Acs.13.56 cents from out of the land acquired for INDIRAMMA Housing Scheme. In view of this, the Tahsildar, Bhimavaram, advised the Municipality to submit alienation proposals in the prescribed format and accordingly the proposals as approved by the Municipal Council are submitted to the Revenue Authorities vide letter, dated 25.11.2011. It is admitted that the clearance from Andhra Pradesh Pollution Control Board (APPCB) has not been obtained under MSW Rules.

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The Environmental Engineer, Eluru, submitted a report vide letter, dated 17.02.2012, addressed to the Joint Chief Environmental Engineer (Legal), Hyderabad. The report contains the details of inspection made by him on 08.02.2012 and it reads as under.

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1. Bhimavaram Municipality has proposed to set up a

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Municipal Solid Waste compost yard by Bhimavaram Municipality at R.S.No.538/1, 541/2, 542/3 and 542/4 of Gunupudi, Bhimavaram, West Godavari District in an area of Acs.13.56 cents.

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2. The proposed site is surrounded by Puntha road followed by agricultural lands on North side and Agricultural lands in the remaining directions. The nearest human habitations existing near to the proposed dump site are as follows.

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YSR Nagar Colony – Around 300 Mts. Away

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from the proposed dump site.

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Gandhi Nagar Colony – Around 400 Mts. Away

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from the proposed dump site.

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Leprosy Colony & Yanadi Colony – Around 200

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Mts. Away from the proposed dump site.

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Bridgepet area – Around 400 Mts. From the

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proposed dump site.

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3. The proposed site is located around 400 Mts. Away from the outskirts of the Bhimavaram Municipality. Around 2000 residential houses are existing within 0.5 KM radius of the dump site. G & V Channel is existing at about 4000 Mts. From the proposed dump site.

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4. No development work was being carried out at the proposed site and the proposed dump site is covered with grass. 5. During the inspection, this office officials contacted the following petitioners at proposed dump site.

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· Pasupuleti Subba Rao, Gandhinagar, Gunupudi

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· Bh.V.Somaraju, Gandhinagar, Gunupudi · Sri Mudunuri Nagaraju, Gandhinagar, Gunupudi · Sri Nallam Venkateswara Rao, Gandhinagar, Gunupudi

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6. The above petitioners complained that due to establishment of proposed dump site in close proximity to their habitations would cause Environmental pollution problems to the residents residing in YSR Nagar Colony, Gandhi Nagar Colony, Leprosy Colony & Yanadi Colony and Bridgepet area which are located within 500 Mts. Radius of the proposed dump site.

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7. It is also submitted that the Bhimavaram Municipality had not applied for Authorisation of the Board for establishment of the proposed dump site.

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The counsel for the petitioners, the Standing Counsel for APPCB and the Standing Counsel for Municipality made their submissions mainly reiterating their position in the pleadings/report of the Environmental Engineer. As pointed out by the Environmental Engineer, the site under the proposed R.S.Nos.538/1 etc., is situated in human habitations of YSR Nagar Colony about 300 metres away, Gandhi Nagar Colony about 400 metres away, Leprosy Colony and Yanadi Colony about 200 metres away and Bridgepet area about 400 metres away. It further shows that G & V Channel is at a distance of 400 metres from the proposed dump site. Therefore, the proposal is ex facie contrary to the MSW Rules, especially the site guidelines in Schedule - III thereof. The Bhimavaram Municipality may have to look for another site as MSW Rules do not permit establishment of MSW dump yard/compost yard or the land fills should be away from habitation clusters, water bodies etc. (para 8 of Schedule - III of MSW Rules). No doubt, as pointed out by the Standing Counsel, the project is at the stage of proposal. But that does

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not mean that the Government or the District Revenue Administration can allot a site for establishment of MSW compost yard/land fill in an area which is located at a shouting distance from the residential colonies. Any such move by the Municipality would certainly impinge the right to life under Article 21 of the Constitution of India not only to the petitioners but a large number of residents.

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In view of the above, we dispose of the Writ Petition subject to the above observations and directions and further direct the Bhimavaram Municipality to look for an alternate site notwithstanding the fact that the proposals were already submitted to the Revenue Administration and the Government for allotment of the land in Survey Nos.538/1, 541/2, 542/3 and 542/4 from out of the land already acquired for INDIRAMMA Housing Scheme.

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The Writ Petition stand disposed of accordingly. The miscellaneous application filed in the Writ Petition also stands dismissed.

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There shall be no order as to costs. _______________ (V.V.S.RAO, J) ________________________________ (G.KRISHNA MOHAN REDDY, J) 15.03.2012 KH

Md. Nizamuddin, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Md. Nizamuddin, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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