C UMA DEVI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition portrays how Visakhapatnam Municipal Corporation (for short 'the Corporation') a local authority within the meaning of Article 12 of the Constitution of India, acts in the matter of maintenance of public hygiene and ecological balance.

(2.) A park commonly known as Green Park, is situated adjacent to Ramakrishna Street, Old City, Visakhapatnam. It is alleged by the petitioner that respondent No.3 Corporation has converted the said park into a Garbage Dumping Yard. It is not in dispute that the Ministry of Environment and Forests by Notification S.O. 783(E), dated 27-9-1999, prepared Draft Rules known as the Municipal Solid Wastes (Management and Handling) Rules, 1999 (for short 'the Rules'), applicable to every Municipal Authority responsible for collection, segregation, storage, transportaition, processing and disposal of municipal solid waste. Rule 8 of the aforementioned Rules, which provides for Management of Municipal Solid Waste reads :Management of Municipal Solid Waste -(1) Any municipal solid waste generated in a city or a town, shall be managed in accordance with the compliance criteria and the procedure laid down in Schedule-II.(2) The disposal of municipal solid waste of the specified categories shall be through landfill as per specifications and standards laid down in Schedule-III.(3) The standards for compost and disposal of treated leachate to be followed by the Municipal authorities shall be as laid down in Schedule-IV.

(3.) The A.P. Pollution Control Board (for short 'the Board') having received a complaint dated 27-4-1999 from the petitioner about the dumping of garbage in the park by respondent No.3 Corporation, brought the same to the notice of the Commissioner of respondent No.3 Corporation. The said letter reads :This is to bring to your notice that this office has received a public complaint from Smt. C. Uma Devi, Advocate, against dumping of the garbage by Corporation adjacent to Ramakrishna Street vide reference 1st cited. The following are the objections in the complaint.