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2024 Supreme(Online)(NGT) 572

Item No.2 (Court No. 2)

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI.

(Through Physical Hearing with Hybrid V.C. Option)

Original ApplicationNo.765/2023 Md. Naheem Pasha ...Applicant Versus State of Telangana & Ors. ...Respondents Date of hearing: 24.01.2024 CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.

HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER.

Applicant: None for the Applicant.

Application is registered based on a letter petition received by Email.

ORDER

1. Md. Naheem Pasha, Aam Aadmi Party, Mancherial Constituency coordinator has sent by email the present letter petition to this Tribunal, which has been treated and registered as O.A. No. 765/2023.

2. The relevant part of the letter petition enumerating grievances of the applicant is reproduced as follows:-

“Sub. Mancherial Muncipal Andalamma colony people suffering with Andalamma colony Dumping yard.

1. Lack of space in Manchiryala Municipality 2. People turn with temporary dumping yards, 3. DRCC has turned the center into a dumping yard, 4 The people of the town want a permanent solution.

Respected sir/Medam, 1. Mancheriyala Grade-1 Municipality. Grade-1 municipality still has no garbage dumping yard.Can’t find a place to set it up. In an unfortunate situation DRCC (Dry Resource Collection Center) was converted into a dumping yard by the previous authorities. In fact, in DRCC, wet and dry waste should be separated and organic fertilizers should be made. Garbage was separated here for some time. That’s not happening here right now. All the garbage of the town is brought and dumped here. Due to this, garbage is accumulating there. As it is summer time, all the garbage is being dumped here, and it is catching fire. A large amount of smoke was emitted for a kilometer around, Residents living within a kilometer have to inhale toxic fumes day and night. On the other hand, people are bothered by the stench. Old people and children are affected by diseases

2. A municipal dumping yard was set up a few years ago as the old Andalamma Colony of Pathamanchiryala was far away from the village. The town is expanding rapidly as it has been established as the center of Manchiryala district and has been upgraded as a Grade-1 municipality. Due to this, construction of houses has been done around the dump yard in Andalamma Colony. New colonies are formed. Garbage dumping was stopped after the local people were worried about the problem with the garbage dumping yard and appealed to the authorities and public representatives several times. The dumping yard was shifted to DRCC. Before the formation of Manchiryala district, 21 acres of land in Hajipur Mandal Vempalli Shi Waru was collected for a dumping yard and garbage was dumped there. But as there are fields in the area and the garbage is taken from the road where the fields are located, the villagers went to the High Court to remove the dumping yard and stop dumping the garbage. The dumping yard was lost as the municipal administration did not pay attention to it.

3. People are showing interest in settling in this area as Manchiryala Municipality has become the district headquarters. Due to this, along with the growing population in the municipality, the garbage generated is also increasing. 45 metric tons of garbage is being taken to the dump yard every day. Due to this, the garbage filled in the dumping yard is being burnt. The smoke from burning garbage is rising from Rangampet, Powercity Colony, Green City, Rallapet, Pathamanchiryala and Lakshminagar which are adjacent to Andalamma Colony. Due to this the people of this area are having trouble breathing due to the smoke day and night.

4. We are already file petitions before central and state pollution control board on 25/05/2023, page numbers ( 3 to 6 ).

5. And petitions file before Mancherial district collector and Mancherial muncipal commissioner on 23/05/2023, page numbers ( 7 to 10 ),but are not take any action about Mancherial muncipaity Andalamma colony Dumping yard.

6.6. We attach some photographs related with dumping yard, public protest pictures and some clips publish in daily news papers.

PRAYER : 1. We are requested kindly take action on Mancherial district collector, Mancherial district additional collector (urban local bodies), Mancherial muncipal commissioner as per NGT act 2005 and relavant acts.”

3. Prima facie the averments made in the petition raise substantial questions relating to environment arising out of the implementation

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