Disposed

Sadanala Venkanna v. the State of Ap

Andhra Pradesh HC7 Nov 2019WP/11182/2019

Case brief

AI extract

What is this about?

The High Court found the writ petition premature regarding demolition of an aquaculture farm pending regularization. Having noted the petitioner filed the regularization application by the extended deadline, the Court restrained authorities from demolition and directed a decision on the pending application.

What did the court decide?

Restraint on demolition of aquaculture tanks and direction to pass order on regularization application within one month.

Sadanala Venkanna Vs the State of Ap — Environment and Pollution | Andhra Pradesh HC (2019)

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THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY

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Writ Petition No.11182 of 2019

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ORDER:

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This petition under Article 226 of the Constitution of India is filed questioning the notice dated 16-07-2019 issued by 5^th respondent threatening to demolish the aquaculture farm of the petitioner in Sy.No.108/2 to an extent of Ac.2.50 cents situated at Lakkavaram Village, Malkipuram Mandal, East Godavari District, pending Government’s proposal for amendment to G.O.Ms.No.31, Animal Husbandry, Dairy Development & Fisheries (Fish) Department, dated 10-07-2018 for enhancement of time for regularization of unauthorized existing aquaculture farm, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and contrary to the provisions of G.O.Ms.No.7, Animal Husbandry, Dairy Development & Fisheries (Fish-II) Department, dated 16-03-2013 & G.O.Ms.No.31, Animal Husbandry, Dairy Development & Fisheries (Fish-II) Department, dated 10-07-2018 and consequently direct the respondent authorities until new G.O issued by the 1^st respondent for amendment to G.O.Ms.No.31 for regularization of un-authorized existing fresh aquaculture farm, and not to interfere with aquaculture activities of the petitioner.

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It is the case of petitioner that the petitioner erected fish/prawn tanks in the land in Sy.No.108/2 to an extent of Ac.2.50 cents situated at Lakkavaram Village, Malikipuram Mandal, East Godavarai District, without obtaining prior permission from the District Level Scrutiny Committee and applied for regularization, which ended in dismissal, but in view of the proposed amendment the petitioner sought the relief. However, it is brought to the notice of this Court that the time for application for regularization is

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extended by G.O.Ms.No.24, dated 12-09-2019, accordingly the petitioner has submitted an application for regularization on 21-10-2019 and it is pending with the Department. This Writ Petition is premature one as it is filed in anticipation to amendment of G.O.Ms.No.31, Animal Husbandry, Dairy Development and Fisheries (Fish) Department, dated 10-07-2018. However, the petitioner submitted an application for regularization on 21-10-2019 in terms of G.O.Ms.No.24, dated 21-10-2019. Therefore, the respondents are directed to pass an appropriate Order on the application of the petitioner dated 21-10-2019 within a month from the date of receipt of copy of this Order, till then not to demolish the tanks in Sy.No.108/2 in an extent of Ac.2.50 cents situated at Lakkavaram Village, Malkipuram Mandal, East Godavari District.

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