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 th