Andhra Pradesh High Court - Amravati
Muslim Minority Development Society vs The State Of Andhra Pradesh on 25 May, 2022
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE Mr. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE Mr. JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION (PIL) No.43 OF 2022
(Proceedings through Physical Mode)
Muslim Minority Development Society, rep. by its
President Shaik Mahaboob Basha, S/o.Hussain Peera,
Aged about 56 years, Occ: Farmer, R/o.Door
No.512118/183/8, Giddalur, Pin 523357, Prakasam
District ... Appellant
Versus
The State of A.P., rep. by its Principal Secretary
to Government, GAD, Secretariat, Velagapudi,
Amaravati, Guntur District, and others ... Respondents
Counsel for the appellant : Mr. Basheer Ahmed
Counsel for respondent No.1 : G.P. for G.A.D.
Counsel for respondent No.2 : G.P. for M.A. & U.D.
ORAL ORDER
Dt: 25.04.2022 (Prashant Kumar Mishra, CJ) This Writ Petition (PIL) has been preferred seeking the following relief:
"(I)... declare the 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 violation of Articles 14, 19 and 21 of Constitution of India and to direct 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 2 walking track and park at 8th ward, Pammulapally Road, Giddalur, rather than garbage dumping yard;
(II) direct the respondents to use the already constructed existing dumping yard at Voppogu, Mondlapadu Road, 14th ward, Giddalur forthwith;
(iii) and also pass such other order or orders as the Hon'ble Court deems fit and proper in the circumstances of the case."
2. It is argued that 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.56.00 lakhs 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. In paragraph 4.9 of the writ affidavit, 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.
3. Having heard learned counsel for the petitioner at length, we are not inclined to entertain this Writ Petition (PIL), for the 3 reason that construction of garbage dumping yards at two different locations is based on the need of the town to have more than one garbage dumping yard in different wards. 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.56.00 lakhs, which is not a hefty amount.
4. The Writ Petition (PIL) deserves to be, and is, hereby, dismissed. No order as to costs. Pending miscellaneous applications, if any, shall stand closed.
PRASHANT KUMAR MISHRA, CJ M. SATYANARAYANA MURTHY, J MRR