Potaraju Ramulu v. The State Of Telangana,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) PRESENT THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR PUBLIC INTEREST LITIGATION NO.328 OF 2014 DATED: 19-01-2015 Between:

Potaraju Ramulu .. Petitioner And The State of Telangana rep. by its Principal Secretary, Municipal Administration Department 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.328 OF 2014 ORDER: (per Hon'ble the Chief Justice Sri Kalyan Jyoti Sengupta) This public interest litigation has been filed by the petitioner asking for a mandamus directing the respondent Municipal Corporation to shift the dumping yard in Sy.No.173, at Balajinagar village, Jawaharnagar, Shameerpet Mandal, Ranga Reddy District.

The material placed in the PIL clearly shows that because of garbage in that area there has been pollution to a large extent causing health hazards. No doubt, shifting of this dumping ground may be a prime solution, but the Municipal Corporation submits that it is not possible for them to shift. Moreover, this particular land is being used for a long time as dumping ground and at that point of time there was no habitation and it was a lone area. Now the writ petitioner has purchased housing accommodation with full knowledge of the existence of the dumping ground and the possibility of pollution forever.

At this moment, we think that so long as the dumping ground is not relocated to some other area, the Municipal Corporation shall take measure so that there may not be any pollution problem and in this regard, the guidance of the Pollution Control Board may be asked for. Today, we have passed an order

for collection, management and disposal of the garbage in the dumping ground in a suitable manner, in PIL No.271 of 2014. Keeping in view of the order passed in that matter, we direct the fourth respondent Municipal Corporation to take steps and see that pollution arising out of this dumping ground is taken care of appropriately.

With the aforesaid order, this PIL is closed. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

______________________ K.J. SENGUPTA, CJ _____________________ SANJAY KUMAR, J 19-01-2015 Svv