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Andhra Pradesh High Court dismisses PIL against garbage dumping ground

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The Andhra Pradesh High Court recently  dismissed a Public Interest Litigation (PIL) seeking declaration that construction of garbage dumping yard at 8th ward, Paamulapallay Road, Giddalur, and not using the completely constructed existing dumping yard at Voppogu, Mondlapadu Road, 14th ward, Giddalur, is illegal, arbitrary, and in violation of Articles 14, 19 and 21 of Constitution of India.

The PIL filed by Muslim Minority Development Society by its President Shaik Mahaboob Basha further seeks direction to  the respondents to stay all the work and deeds which are being taken up by the respondents for the construction of garbage dumping yard at 8th ward, Pammulapally Road, Giddalur and also to construct walking track and park at 8th ward, Pammulapally Road, Giddalur, rather than garbage dumping yard.

The directions are also sought to  the respondents to use the already constructed existing dumping yard at Voppogu, Mondlapadu Road, 14th ward, Giddalur forthwith.

It is argued by the petitioner that the construction of a new garbage dumping yard at 8th ward, Paamulapallay Road, Giddalur, not using the completely constructed existing dumping yard at Voppogu, Mondlapadu Road, 14th Ward, Giddalur, not constructing walking track and park at 8th ward, Paamulapallay Road, Giddalur and also not following goal of Swachh Bharat Mission-Urban 2.0 of Ministry of Housing & Urban Affairs, Government of India, are illegal and arbitrary actions.

It is further argued that new garbage dumping yard is constructed at an estimated cost of Rs 56 lakh with a mala fide intention for the benefit of the henchmen of the 4th respondent and contractors on quid pro quo basis. It is a case of sheer waste of public money, for the reason that a garbage dumping yard has already been constructed in 14th ward of Giddalur. It is stated that the existing garbage dumping yard in 14th ward has not been used because the same was constructed by the previous Government.

Having heard the counsel for the petitioner at length, the Division Bench of Chief Justice Prashant Kumar Mishra and Justice M. Satyanarayana Murthy was not inclined to entertain the PIL  for the reason that construction of garbage dumping yards at two different locations is based on the need of the town to have more than one dumping yard.

“It has not been brought to our notice that there is any statutory prohibition for establishment of two garbage dumping yards in the same town. As a matter of fact, construction of more than one garbage dumping yard would augment the objectives of Swachh Bharat Mission Urban 2.0, rather than violating the said project of the Central Government. In any case, there is no public interest involved in prohibiting the respondents concerned from constructing more than one garbage dumping yard and, moreover, cost of construction of new garbage dumping yard is only Rs 56 lakh, which is not a hefty amount,” the order reads.

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