See if the proper procedure is not followed and meeting of the community is not taken and the notification for same is not there , file a petition before high court taking stay on shifting of the dump yard.
Change of dump yard location
Hi, We are the people belong to a small village bhimavaram , sattenapalli Mandal, Guntur Dt. Sattenapalli is a muncipal constituency. The dump yard which belongs to Sattenapalli has moved near to my village and this site belongs to Gram panchayat and its a govt land. Govt has such rights to move the dump yard without contacting Gram panchayat people or local bodies? Is it legal? can we get a stay from court?
Asked 5 years ago in Constitutional Law
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12 Answers
Sir, Cant we file it on our local court?
Asked 5 years ago
You can file.before.the magistrate court also but the high court shall grant you relief faster.
You have to file writ petition in HC against location of dump yard near your residence
2) local court woukd not grant stay against location of dump yard
Decision of state govt should be challenged by filing writ in HC
A representation should be given to the local authorities and the district collector and if they do not take the necessary action then a writ petition has to be filed in the hc.
Regards
A petition is a usually a writ petition which cannot be filed in district courts. A district court can decide on only two kinds of cases a civil and criminal. A district court is nothing but a civil and sessions court ,so it is a trial court.
So you can File Writ petition in high court and Supreme Court..
- As per the information mentioned in the present query, makes it clear that the land is of the gram panchayat and the government has been using it arbitarily.
- Yes, you should give a representation to the concerned department about their arbitary act.
- And if they don’t remove the same then I would suggest you to file a Writ of Mandamus as per article 226 of our Constitution before the Hon’ble High court, seeking immediate stay order agaisnt the encroachment over the gram panchayat land.
Yes you can approach the court for stay. You can also file PIL in the same for appropriate directions from hon'le court.
1. Dump yard can be shifted by the government without contacting Gram Panchayat.
2. If the dump yard can be shown as hazardous to the health of people in the vicinity of it then a Public Interest Litigation can be filed in the High Court to shut it down.
This is a policy decision by government authorities, you can challenge the same by filing a PIL before high court.
The low court may not entertain any such petition.
You may file it before high court.
Hi
1) Selection of Dump yards is governed by 'Municipal Solid Waste (Management & Handling) Rules, 2000 and subsequently the said rules have been modified in the year 2016.
2) All municipalities, Zilla/ Mandal Parishad, Gram Panchayats located in India are governed by the said rules and as such your legal grievance will also be governed by the said rules.
(i) As per the rules the landfill site (however in this case it is only an Intermediate storage site) shall be atleast 1.5 KMs. Away from the habitation.
3) It is illegal on part of local body to locate the dump yard proximate to residential inhabitation.
4) You should file a writ in the High court at Amaravati seeking to close / relocate the dump yard by impleading the following
a) District Collector (he is the person responsible).
b) Gram Panchayat '
c) A.P. Pollution Control Board
5) You may also refer to judgment of Andhra Pradesh High court in Smt. C. Uma Devi vs Government Of Andhra Pradesh And ... on 21 June, 2001, Equivalent citations: AIR 2001 AP 460, 2001 (5) ALT 307.
The above case is similar to your case(except that it was in vishakapatnam)
Hope this information is useful.
