Disposed

M/s. Amurtha Vally Estate Pvt. Ltd., v. The State of Andhra Pradesh

Andhra Pradesh HC9 Jan 2024WP/364/2024

Case brief

AI extract

What is this about?

Petitioner sought mandamus over pending representation for NOC to construct houses on zeroyothi land near Kambalakonda Sanctuary. Court learned the representation was forwarded to the Kambalakonda Eco-sensitive zone monitoring committee, which had yet to meet, and disposed of the petition by directing the committee to consider the case at its next meeting.

What did the court decide?

Direction that the Kambalakonda Eco-sensitive monitoring committee consider the petitioner's case as per 4th respondent's recommendations when it next meets.

M/s. Amurtha Vally Estate Pvt. Ltd., Vs The… — Environment and Pollution | Andhra Pradesh HC (2024)

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.364 of 2024

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ORDER :

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The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

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“…to issue a Writ, Order or Direction particularly one in the nature of Writ of Mandamus declaring the action of respondents particularly the 4^th respondent in not considering my representation dated 24.04.2023 which is still pending without passing any orders in respect of the land measuring to an extent of Ac.24.41 cents covered by Survey Nos.4(P), 6(P), 7(P) and 12(P) of Shambhuvanipalem, Bakkannapalem Village, Visakhapatnam situated at Ward No.4 within the limits of Greater Visakhaptnam Munnicipal Corporation for the purpose of constructing our own individual residential houses in our zeroyothi lands, inspite of clear instructions given by the 1^st respondent vide proceedings Rc.No.4965/2021/WL2 dated 01.12.2022 as illegal and arbitrary and consequently to direct the 4^th respondent to pass appropriate orders on my representation dated 24.04.2023 strictly adhearing to rules taking into consideration the earlier correspondence since 2019 within the time stipulated by this Hon’ble Court and pass…….”

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Brief facts of the case are that the 7^th respondent,

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relying upon the ownership documents for the land admeasuring to an extent of Acs.24.41 cents, covered by Survey No.4(P), 6(P), 7(P) and 12(P) situated in Sambhuvanipalem Village, Hamlet of Bakkannapalem Visakhapatnam Rural Mandal, has accorded approval vide

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tentative layout plan in file No.1086/0001/LP/Z1/2019, dated 09.08.2019, subject to observance of certain conditions as laid therein, one of such condition is imposed at serial No.18 which reads as under:

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“ NOCs from the concerned Departments are mandatory wherever applicable and the applicants shall abide the conditions whatever imposed therein.”

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In order to comply with the conditions imposed by the 7^th respondent, the petitioner has submitted a representation to the 4^th respondent herein on 26.08.2019 seeking permission for formation of roads and construction of houses in petitioner’s land within the enclosure of Kambalakonda Sanctuary and for issuance of NOC. After several correspondence, the 1^st respondent addressed a letter to the 4^th respondent on 07.02.2022 requesting to submit remarks/recommendations on the proposal through the Circle Head as per the provisions of the Wildlife (Protection) Act, 1972. The further case of the petitioner is that the 7^th respondent vide proceedings dated 06.07.2022 informed the petitioner about the tentative approval of the layout plan and requested to execute a registered mortgage in respect of 26 plots being 15% of plotted area besides complying with other conditions. Thereafter, the petitioner

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has submitted a representation dated 24.04.2023 to the 4^th

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respondent appraising all the facts, by way of clear clarification with regard to the queries raised. But, the petitioner’s grievance was not addressed by the 4^th respondent and has not passed any orders till date. Hence the present writ petition.

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Heard learned counsel for the petitioner, learned Government Pleader for Forests and learned Government Pleader for Revenue.

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Today, when the writ petition came up for hearing, learned Government Pleader for Forests has informed this Court that the representation submitted by the petitioner on 24.04.2023 to the 4^th respondent requesting to permit him to construct individual residential houses in their zeroyothi lands was forwarded to the monitory committee of Kambalakonda Eco-sensitive zone on 01.05.2023 and further stated that the said monitory committee is yet to conduct a meeting by the end of this month.

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In view of the same, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the Kambalakonda EcoSensitive monitoring committee to consider the case of the

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petitioner basing on the recommendations made by the 4^th respondent on 01.05.2023 as and when the next meeting is held.

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Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if

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any, shall also stand closed.

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_______________________ JUSTICE V.SUJATHA

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Date : 10.01.2024

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GSS

M/s. Amurtha Vally Estate Pvt. Ltd., v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M/s. Amurtha Vally Estate Pvt. Ltd., v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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