A writ petition seeking the removal of illegal municipal facilities is disposed of when the respondents demonstrate that the facilities have been relocated and the grievance is effectively resolved.

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

“…to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent authorities especially Kamareddy Municipal authorities in operating a dumping waste yard and constructing a slaughter house at Survey No.944 of Kamareddy, Nizamabad District is illegal and un-constitutional and consequently direct the authorities to set up the dumping yard wastes disposal facility far away from the Kamareddy town as per the Resolutions passed by the Municipal Council and Grampanchayat Kysampalli after declaring that the present activity of the Municipal Authorities are preparing the land in Sy.No.944 or its surroundings cannot be used for dumping yard wastes facility or slaughter house and pass such further order or orders…”

Heard Sri K.S.Murthy, learned counsel for the petitioners and Sri Putta Krishna Reddy, learned Standing Counsel for Municipalities appearing on behalf of respondent No.3 and Sri Zeeshan Adnan Mahmood, learned Standing Counsel for TG Pollution Control Board appearing on behalf of respondent No.5. Perused the material available on record.

When the matter is taken up for hearing, learned counsel for the petitioners submitted that the respondent authorities are using the land in Sy.No.944 as a dump yard and slaughter house without any statutory clearance.

At this stage, Sri Putta Krishna Reddy, learned Standing Counsel for Municipality appearing for respondent No.1 submitted that the authorities are no longer interested for using the said land in Sy.No.944 as a dump yard or slaughter house. He further submitted that the slaughter house has been shifted to Sy.No.114/1 at Ramaram Patarajampet, Kamareddy, and that the land in Sy.No.944 is not being used as a dumping yard.

On the other hand, Sri Zeeshan Mahmood, learned Standing Counsel for the TG Pollution Control Board, appearing on behalf of respondent No.5, submitted that there was no statutory clearance for establishing a slaughterhouse or dumping yard in Sy.No.944 and that neither a dumping yard nor a slaughterhouse is being operated in the said survey number.

In view of the above facts and circumstances of the case the grievance of the petitioners relating to the use of land in Sy.No.944 as dumping yard or slaughterhouse shall stand resolved, since the same is stated to have been shifted by the authorities concerned from Sy.No.944 of Kamareddy, Nizamabad to Sy.No.114/1 at Ramaram Patrajmpet, Kamareddy. However, it is made clear that respondent No.2 shall not carry on any activities relating to the use of land in Sy.No.944 or the surrounding without obtaining the necessary permissions from the competent authorities. With the above directions, the writ petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any are pending, shall stand closed.