THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Public Interest Litigation No.171 of 2014
DATED:07.07.2014 Between:
Barre Nehru, Bhimavaram Mandal, West Godavari District.
And … Petitioner Government of Andhra Pradesh Represented by its Principal Secretary, Municipal Administration and Urban Development Authority, Hyderabad and others.
….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Public Interest Litigation No.171 of 2014
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) After hearing the learned counsel for the parties appearing before us, we deem it fit to pass the following order at this stage:
The grievance of the petitioner is that if the land in question is handed over to the Municipality, the same will be used as a ground for dumping garbage and waste materials being generated by the civic bodies. There will be serious problem on account of environment and otherwise. We do not find any document to show that a representation has been submitted in this regard to the District Collector.
Hence, we direct the Collector, West Godavari District, Eluru, the 2nd respondent herein, to treat a copy of the writ petition as a representation and consider the same in accordance with law within a period of six weeks from the date of communication of this order. While considering the matter, the Collector shall issue a notice to the Municipality and the Gram Panchayat concerned and also take the views of the Pollution Control Board with regard to the alleged pollution hazards. If the Pollution Control Board finds any pollution hazards appear to have been posing, it shall advise to take care of it.
The Public Interest Litigation is accordingly disposed of. Consequently, the miscellaneous applications, if any pending, shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 7th July, 2014 PNB/VA