A writ petition alleging pollution from a rice mill and unauthorized petrol bunk construction on Government land was dismissed in limine. The court held the cause of action no longer existed due to prior closure orders, and found the alleged land was not Government land.
Writ petition dismissed in limine with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY
WRIT PETITION No.34727 OF 2011
Dated:02.02.2012
Between: K.Varalakshmi .. Petitioner And The Government of Andhra Pradesh, Represented by its Secretary, Environment and Forests Department, Secretariat, Hyderabad and others .. Respondents
THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY
WRIT PETITION No.34727 OF 2011
ORDER: (Per Hon’ble Sri Justice V.V.S.Rao)
The petitioner, statedly an agriculturist, is resident of Penumur Village alleging that respondents 6 and 7 are running boiled rice mill by using coal and firewood as
raw material which cause health hazardous by polluting the area and also alleging that respondent No.7 is proposing to commence a petrol bunk in Sy.No.440, which is a Government land, filed the instant writ petition.
The Standing Counsel for the Andhra Pradesh Pollution Control Board (APPCB) and the Assistant Government Pleader for Revenue (General) (Andhra Area) obtained instructions and made their submissions.
The Standing Counsel for APPCB has placed before this Court the report of the Environmental Engineer, Tirupati, as well as various orders passed by the APPCB. By proceedings dated 17.01.2012, the Joint Chief Environmental Engineer, Kurnool, issued closure orders under Section 33-A of the Water (Prevention & Control of Pollution) Act, 1974 and further proceedings of the same official, issued a letter advising the Superintending Engineer (Operations) APSPDCL, Tirupati, to disconnect the power supply. Therefore, the cause of action, if any, based on which the writ petition was filed, does not survive.
In so far as the allegation of the petitioner that respondent No.7 is constructing a petrol bunk in Sy.No.440 is concerned, the learned Assistant Government Pleader for Revenue has placed before us the written instructions issued by the Tahsildar, Penumur Mandal, Chittoor District. It is stated there in that respondent No.7 is proposing to erect the petrol outlet in Sy.No.439 and not in Sy.No.440 and that the land in Sy.No.439 is not the Government land. This Court does not see any strong reason to disbelieve the same.
The writ petition, for the above reasons, is dismissed in limini. There shall be no order as to costs.
_______________ (V.V.S.RAO, J)
________________________________ (G.KRISHNA MOHAN REDDY, J)
02.02.2012 KH
2 issues framed by the court
Whether the cause of action based on pollution complaints survives given the issuance of closure orders.
Whether the land alleged to be Government land is indeed Government land based on official records.
1 provisions across 1 enactments
K.Varalakshmi
The Government of Andhra Pradesh
V.V.S.RAO
G.KRISHNA MOHAN REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
