V.V.S. RAO, J.

INTRODUCTION

The residents living in villages, a short distance away to Urban Local Bodies (ULBs) filed these writ petitions complaining the negligent, illegal and unplanned method and manner of the disposal of Municipal Solid Wastes (MSWs) generated in municipal areas, be they corporations or municipalities. Their Plea is that the action taken or action proposed to be taken with the concurrence of the Andhra Pradesh Pol1ution Control Board (the Board, for brevity) contravenes the relevant statutes and the Rules made thereunder. The problem presented, in this batch of cases, appears to be in existence in village panchayats, municipal areas and metropolitan areas which are all subject to more or less the same law. Besides praying for enforcement of their fundamental right under Article 21 of the Constitution of India to a healthy environment, they seek a mandamus to the ULBs to discharge their duties in accordance with the law.

2. The delicate balance between two competing rights; right of individual to life with clean environment has to be given effect keeping in view the community interest which seeks to substantially curtail the individual right especially in the jurisprudence of municipal administration. The earlier view that the complicated issues involving the help of science and technology are subjected to limited judicial review no more holds good. The right to clean environment - air, water, land and surroundings - is a penumbral right without which the quality of life cannot be ensured under Article 21. Therefore whenever an issue of contravention of the laws intended to protect environment is brought before the Courts, it is the duty of the Courts to examine the issues in the light of the applicable law (Sachidanand Pandey v. State of West Bengal (1) (1987) 2 SCC 295 and Dhnnu Taluka Environment Project Group v. Bombay Suburban Electricity Supply Co. Ltd. (2).(1991) 2 SCC 539

Background facts

WRIT PETITION No.16701 of 2007

3. The petitioner - a registered society; seeks a writ of mandamus declaring the action of Bhimavaram Municipality (Bhimavaram, for brevity) in establishing MSW compost yard in the land admeasuring Acs.14.56 in S.No.318/3 of Yenamadurru village, of Bhimavaram Mandal in West Godavari District as illegal and for a consequential order directing the Board not to grant permission to the municipality.

4. The case set up by the petitioner is as follows. Invoking the Land Acquisition Act, 1894 (the LA Act), the Government notified village site for establishing compost yard in Yenamadurru village. Under emergency provisions, possession was also taken from the land owners. The land is proposed for establishment of the municipal compost yard for dumping garbage of 150 (M.T.) per day. The land is at a distance of 1 1/¬2 KMs from the village. On the western, northern and southern sides of the village site, there are irrigation channels for providing ayacut to Acs.300.00 of agricultural lands, water for fish/prawn tanks besides being source of drinking water. The establishment of compost yard would result in contamination of irrigation channels and hazardous to health of the villagers.

5. Yanamadurru Gram Panchayat in their affidavit supports the case of the petitioner. For ready reference, we extract hereunder the relevant paragraphs from Panchayat's affidavit.

I humbly submit that the population of the proposed 7th respondent Gram Panchayat is 6000 and the livelihood of the people of our Gram Panchayat is Agriculture and the lands in our Gram Panchayat are Canal irrigated fertile double Crop Wet Lands. I humbly submit that Bhimavaram Municipality proposed to establish a Municipal Solid Waste Compost Yard for Bhimavaram Municipality in an extent of Acs.15.56 in S.No.318/3 of our Gram Panchayat and in furtherance of the same the Revenue authorities, on the request of Bhimavaram Municipality, initiated proceedings under the Land Acquisition Act. ... ... I respectfully submit that there are irrigation