IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TEN :PRESENT: THE HON'BLE SRI JUSTICE B.PRAKASH RAO AND THE HON'BLE SRI JUSTICE B.N. RAO NALLA WRIT PETITION NO : 10973 of 2009 Between: Imliban Park Walker`s Association,(Regd.No.3745/93) rep. by its President Ramesh Yadav, Occ: Secretary, S/o.Gandaiah, R/o. Near Sivaji Bridge, Imliban, Hyderabad. ..... Petitioner AND 1 The Commissioner & Special Officer, Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad 2 The Government of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration & Urban Development, Secretariat, Hyderabad 3 The Government of Andhra Pradesh, rep. by its Principal Secretary, Medical & Health Department, Secretariat, Hyderabad 4 AP State Pollution Control Board, rep. by its Chairman Hyderabad .....Respondents Whereas the petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ more particularly in the nature of mandamus directing the respondents more particularly 1st respondent to shift the dumping yard (i.e. Garbage) collection point to Imliban Park to any other area out outside of the Hyderabad and consequently declare the action of the respondents not doing so is illegal, and unconstitutional as otherwise will be put heavy and irreparable loss; Whereas the Court upon perusing the petition and the affidavit filed herein and upon hearing the arguments of Sri N.V. Narasimha Rao, Advocate for the Petitioner and the G.P. for Medical and Health for the Respondents 2 & 3 and Sri Ramachandra Reddy, Standing Counsel for the Respondent No. 1 and Sri Y. Srinivasa Murthy, Standing Counsel for the Respondent No.4, made the following ORDER: “Heard the learned counsel for the petitioner, learned Standing Counsel for the Municipal Corporation and the learned Government Pleader for Medical Health, apart from the learned Standing Counsel on behalf of the fourth respondent-Pollution Board. Having heard all the learned counsel in detail and also on perusal of the papers, it is found that there is dispute as to the correctness of the existence or continuance of garbage the collection point in the place, as pointed out by the learned counsel for the petitioner and dumping the same from collection point to Imliban Part. Therefore, it is requested in this Public Interest Litigation Petition to shift the same. Though the respondents have filed counter affidavits, we deem it fit to obtain an independent report after due local inspection. Hence, we appoint a Committee consisting of two Advocates namely; (1) SriP.V. Ramana, and (2) Smt. Shoban, to be assisted by the Director Medical Health, Hyderabad, to make local inspection of the place in question and submit a report as to the existence, its consequential effect and the remedial measures to be taken. The report shall be submitted within a period of two (2) weeks from today. The entire exercise shall be done together and jointly. Learned counsel for the petitioner shall bear the expenses initially and tentatively at Rs. 5,000/-(Rupees five thousand only) for each counsel and also shall bear all the expenses required in this exercise. Post after two (2) weeks”. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR ..2.. To 1. The Commissioner & Special Officer, Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad 2. The Principal Secretary, Municipal Administration & Urban Development, Government of Andhra Pradesh, Secretariat, Hyderabad 3. The Principal Secretary, Medical & Health Department, Government of Andhra Pradesh, Secretariat, Hyderabad 4. The Chairman, A.P., State Pollution Control Board, Hyderabad 5. The Director of Medical and Health, Hyderabad (ADDRESSEES 1 TO 5 BY RPAD with a copy of petition and affidavit) 6. Two CCs to the Medical and Health, High Court of A.P., Hyderabad (OUT) 7. One CC to Sri Ramachandra Reddy, Advocate (OPUC) 8. One CC to Sri Y. Srinivasa Reddy, Advocate (OPUC) 9. One CC to Sri V.V. Narsimha Rao, Advocate (OPUC) 10. Sri P.V. Ramana, Advocate, Flat-1, Banjara Sangeet Apartments, Kapadia Lane, Somajiguda, Hyderabad (Cell. 9441929324) 11. Smt. Shobha, Advocate, H. No. 2-2-647/77-A, Srinivasa Nagar Colony, Near Ayyappa Temple, Bagh Amberpet, Hyderabad-500013, Cell No. 9848020869. (ADDRESSEES 10 & 11 BY SPECIAL MESSENGER with a copy of petition and affidavit and counter affidavits) 12. Two spare copies. Ksv HIGH COURT Ksv Date of drafting: 07-09-2010 BPRJ & BNRNJ DATE: 06-09-2010 NOTE: POST AFTER TWO (2) WEEKS ORDER WP. NO. 10973 OF 2009 DIRECTION