LAXMI LODGE Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This batch of writ petitions were filed by the petitioners, who are running boarding and lodging houses, restaurants, hotels etc., aggrieved by the notice issued by the 2nd Respondent-Municipal Corporation, in the year 1998.

(2.) According to the Petitioners, all the Petitioners have been carrying on business since long time without giving scope for any complaint either from respondent No. 1 or anybody. It is also stated that the Petitioners have been maintaining cleanliness in their hotels to the required standards. It is further stated that in the matter of collection of dust, ashes, refuse and rubbish from their premises and depositing such material in the public receptacles and the places provided by the 2nd Respondent, they have been observing the same standards as required, without giving scope for any complaint. While so, the 2nd Respondent issued the impugned notices, said to be under sub-sections (1), (2) and (3) of Sec. 483 and 489 of the Hyderabad Municipal Corporations Act, 1955 (hereinafter referred to the Act), directing the Petitioners to provide/construct/arrange the receptacle- bins within the premises, as suggested by the Municipal Health Officer, Warangal, as per the specifications given within 15 days from the date of the receipt of the notice and to ensure that the dust, ashes, refuse, rubbish, trade refuse and waste generated within the premises is deposited in the receptacles. It is also further stated in the notice that the said deposited dust, ashes, refuse, rubbish, trade refuse and waste generated from the said premises will be collected by the Municipal Corporation on daily basis from the said receptacles. The Petitioners were further directed to pay varying amounts from Rs. 600 to Rs. 2,500 or even more towards administrative charges for lifting, transportation, and dumping of the same at the dumping yard. It is further directed that the amount should be paid by 25th of every month, for the next month, and failure in this regard shall render the Petitioners liable for prosecution in the Court of law, besides imposing fine under the provisions of the Act. According to the Petitioners, the provisions referred to in the notices do not empower the Corporation to levy and collect any amount towards administrative charges for lifting, transportation and dumping the waste at the dumping yard. Hence, the Petitioners filed this batch of writ petitions praying for the issue of a writ of mandamus declaring the action of the Respondents as illegal, arbitrary and without jurisdiction, as no such power is vested in the Corporation under the provisions of the Act.

(3.) A counter has been filed by the 2nd Respondent-Corporation admitting the issue of notices, as referred by the Petitioners. But in the counter, it is stated that due to the fast development and increase in the population, trade, business and educational activities, within the limits of the Corporation, to create a healthy environment to the people of Warangal, the Standing Committee approved the Resolution No. 61, on 18-12-1997 and fixed the rates to be implemented from 1-4-1998 and issued the Notification and published the same in the District Gazette in March, 1998. Therefore, the notices are in pursuance of such approval by the Standing Committee. In the counter, it is also stated that the administrative charges are being imposed in terms of Sections 483 and 489 of the Act.