AP High Court Asks State To Identify Sites For Landfills, Solid Waste Management & Disposal Facilities; Chief Sectary To Personally Monitor

The Andhra Pradesh High Court has directed the State Authorities to identify sites for the setting up of landfills, solid waste management facilities and disposal facilities as prescribed in the Solid Waste Management Rules 2016.The Division Bench of Chief Justice Dhiraj Singh Thakur and Justice Challa Gunaranjan noted, that the issue not only plagues the localities mentioned in the PIL but the whole State of AP. The Bench further noted, that the State not discharging obligations in terms of the 2016 Rules, has led to a situation where solid waste is being dumped alongside the roads in villages and other areas. Thus, while directing that the rules be enforced, the Bench also ordered that the Secretary of Revenue Department shall work closely with the Secretaries of Panchayat Raj & Rural Development and Municipal Administration to do the needful and directed the Chief Secretary to personally monitor the issues for proper and effective implementation of the order. “We, therefore, direct the aforementioned officers to identify and allocate appropriate sites to be used as landfill sites in the concerned areas.The Revenue Department shall also be associated in the entire process inasmuch as the land allocation shall have to be done by the Department of Revenue which is even otherwise a department specified in Schedule-I of the Rules of 2016, which is primarily responsible for providing suitable sites for setting up of solid waste processing and treatment facilities and for notifying such sites. The Secretary of the Revenue Department, accordingly, shall work closely with the Secretaries of Panchayat Raj & Rural Development and 5 Municipal Administration to do the needful for which learned Government Pleader states shall be done in approximately two months…. We also direct the Chief Secretary to personally monitor the issue for proper and effective implementation of our order.”Originally, the PIL was filed seeking action against Mumidivaram Nagar Panchayat for failing to take steps to close/shift the Garbage dump covering almost 10 acres of government land, and to protect the interest of the general public from air pollution, smoke pollution and severe deceases, burning effects and other hazardous factors in light of the AP Environmental Protection Act, 1986 and the other relevant Air and Water statutes. The Bench noted that Both the State and the local authorities were under the obligation to come up with a policy for waste management; which was complied with.The court noted that as per Rule 12 duty was cast on the District Magistrate or District collector for identification and allocation of suitable land as per Clause 11(f) for setting up solid waste processing and disposal facilities to local authorities in their respective districts in close coordination with the Secretary-in-charge of the State Urban Development Department. This, the Bench noted, was not complied with."We first need to verify as to whether due compliance has been shown to Rule 12 or not. We, therefore, direct the Commissioner, Panchayat Raj and Rural Development and the Municipal Administration Department to ensure that due compliance is shown to the obligation which is cast upon the State in terms of Rule 11(f) and Rule 12 in the first instance and give details of the land which has been identified and allocated for setting up of the waste processing and disposal facilities and if it has not already been done, the same be done within two (2) months from today," the court directed. The amicus curiae in the matter informed the court that authorities should also identify and allocate land for purposes of landfills in terms of Rule 15(w).As per Rule 15(w), there is an obligation on local authorities and the panchayats to either undertake on their own or through any other agency the construction, operation and maintenance of landfills and associated infrastructure as per Schedule I for disposal of available residual wastes in the manner prescribed under the Rules.Lastly, the court directed impleadment of Swaccha Andhra Corporation after it was informed that the authority was set up solely for purposes of implementation of the Rules be incorporated as a party respondentThe matter is listed on December 31. Case title: Nadiminti Surya Prabhakaram and others v/s The State of Andhra Pradesh and othersWP(PIL) 53 of 2025Counsel for petitioner: Advocates Bokka Satyanarayana Kamla, Thandava YogeshCounsel for respondents: Advocates S. Pranathi, Sireesha Rani Vallabhaneni, Yelisetti Somaraju and Amicus Curiae Tagore Yadav YaragorlaClick Here To Read/Download Order

AP High Court Asks State To Identify Sites For Landfills, Solid Waste Management & Disposal Facilities; Chief Sectary To Personally Monitor

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