Writ petition challenging the Commissioner's proposal to construct a drainage system and treatment plant on respondent-owned land, alleging it would pollute underground water for nearby society residents. Court found no merit in the unproven apprehension and dismissed the petition.
No order as to costs.
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HON'BLE SRI JUSTICE R. SUBHASH REDDY
WRIT PETITION No.25591 of 2011
Date : 03.07.2012
Between :
Smt. Kalagarla Achutha Mani & others.
…..Petitioners
And
The Commissioner, Greater Visakhapatnam Municipal Corporation (GVMC), Visakhapatnam & others.
…..Respondents
HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.25591 of 2011
ORDER :
Heard learned counsel for petitioners and also the learned Standing Counsel appearing for respondents.
The petitioners, who claim to be the residents of Talarivanipalem, Visakhapatnam, have filed this writ petition, seeking directions by way of Mandamus, declaring the action of respondents in taking steps to construct drainage system and treatment plant in the land covered by Sy.No.15 of Talarivanipalem, Aganampudi, Visakhapatnam, adjacent to the land of their society i.e. Sri Vijaya Lakshmi Co-operative House Building Society Ltd., as illegal and arbitrary.
It is submitted by the learned counsel for petitioners that as they own houses in the adjoining house building society i.e. Sri Vijaya Lakshmi Co-operative House Building Society Ltd., if such drainage system and treatment plant is constructed in the proposed land, it will result in pollution of underground water in the area of petitioners.
A detailed counter affidavit is filed by the 1st respondent-Commissioner, Greater Visakhapatnam Municipal Corporation. While denying the various allegations made by the petitioners, it is stated in the counter affidavit that the sewerage treatment plant, which is being taken up by the respondents, is undertaken
totally in a scientific way and such sewerage treatment is made in three stages; primary, secondary and territory levels and it is a proven technology approved by Government of India, and adopted in many cities all over India. It is stated the treatment process involves chemical treatment and sedimentation, which will not result in any health hazards and also it will not pollute any other areas as apprehended by the petitioners. It is stated that in the area of Greater Visakhapatnam Municipal Corporation, similar treatment plants have been working for the last ten years and there are no complaints at all. It is further stated that in the interest of public, respondents have taken all safety measures in order to give better living conditions to the citizens and that the underground drainage system and treatment plant are scientifically planned and there is no basis for the apprehension of petitioners.
It is not in dispute that the land covered by Sy.No.15 of Talarivanipalem, Aganampudi, Visakhapatnam, is the land belonging to the respondents. It is the allegation of petitioners that they are having 100 plots and residential houses in the housing co-operative society and if the proposed drainage system and treatment plant are constructed, it will result in pollution of underground water in their area, whereas it is contended by the respondents that there will not be any pollution as claimed by the petitioners in the event of constructing the underground
drainage with treatment plant. Except the allegation of petitioners, no other material is produced before this Court in support of such allegation, more particularly, when it is stated in the counter affidavit that such treatment plant and sewerage system are constructed in a scientific manner and respondents are taking all protection measures, I do not find any merit in the writ petition, for grant of directions as prayed for.
For the aforesaid reasons, the writ petition is dismissed. No order as to costs.
______________________ R. SUBHASH REDDY, J 3rd July 2012 ajr
2 issues framed by the court
Whether the construction of a drainage system and treatment plant on respondent-owned land violates petitioners' rights or causes pollution.
Whether arbitrary directions are required to restrain the respondents from executing the proposed public health infrastructure project.
Smt. Kalagarla Achutha Mani & others
The Commissioner, Greater Visakhapatnam Municipal Corporation
R. Subhash Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
