Andhra Pradesh High Court - Amravati
Thummala Ramesh vs The Union Of India on 4 August, 2020
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'PRESENT:
THE HONOURABLE SRI JUSTICE RAKESH KUMAR
AND
THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU
WRIT PETITION NO: 8221 OF 2020
Between:
1. Chodipilli Sathish S/o Satyanarayana, Occ Fisherman, R/o D.No 16-16-13, Sri.
Ram Center Dummulapeta, Kakinada Urban, East Godavari District
2. Thummala Ramesh, S/o Kondal Rao, Occ Fisherman R/o D.No 17-2-144, Kondal
Rao Street, Kakinada Urban, East Godavari District
3. Eripilli Abbai S/o Pentaiah, Occ Fisherman, R/o D.No 16-16-12, Poul Church
Veedhi, Dummulapeta, Kakinada Urban, East Godavari District, Andhra Pradesh
4. Gampala Veerraju S/o Rajaiah, R/o D.No 17-1-39, Rajaji Veedhi, Kakinada
Urban, East Godavari District, Andhra Pradesh
Petitioners
AND
4. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue
Department, Secretariat, Amaravati, Guntur District.
2. The Union of India, Rep., by its Secretary, Ministry of Environment, Forests and
Climate Change, Indira Paryavaran Bhavan, Jor Bagh Road, New Delhi 110003
3. The Andhra Pradesh Coastal Zone Management Authority, Rep. by its member
Secretary, having its office at D.No: 33-26-14, D/2, Near Sunshine Hospital,
Kasturibai Peta, Vijayawada.
The Environmental Engineer, Andhra Pradesh Pollution Control Board, Having its
regional office at H.No: 2-532, Santhi Nagar, Ramanayynpeta, Kakinada
The District Collector, East Godavari District, At Kakinada.
The District Revenue Officer, East Godavari District, At Kakinada, East Godavari
District.
The District Forest Officer, Kakinada Division, Kakinada, East Godavari District
The Joint Director of Fisheries, Kakinada, East Godavari District
Kakinada Municipal Corporation, Rep by its Commissioner, Kakinada, East
Godavari District
10. The Superintendent of police, East Godavari District, At Kakinada, East Godavari
District
11. The Inspector of police, Kakinada port police station, Kakinada, East Godavari
District
CoN Oa
Respondents
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased to
Issue an appropriate Writ. Order or Direction more particularly one in the nature of Writ
of Mandamus declaring the high handed action of the Respondents in deforesting the
Mangrove Forests and filling the same with mud for which a tender notification Vide
Roc No. 2259/2020-E2 dated 08.04.2020 was notified for filling of land with mud in Sy.
Nos. 374, 376, 878 387, 1985/3, 1990 & 2004 of Dummalapeta, Kakinada Urban
Mandal, East Godavari District for providing house sites (under Navaratnalu Scheme) in
contrary to the guidelines issued for containment of COVID-19 Epidemic, Contrary to
Rule 4 of Andhra Pradesh Municipalities Tender Rules, 1967, Contrary to Coastal
regulation Zone Notification, 2011 even without considering the Petitioners
Representation dated 46-03-2020 as illegal, arbitrary, Violation of principles of natural
justice, Violation of Articles 14 & 21 of The Constitution of India, and consequently direct
the Respondents not to deforest the Mangrove Forest in Sy. Nos. 374, 376, 387,
1985/3, 1990 & 2004 of Dummalapeta, Kakiniala Urban Mandal, East Godavari District.
1A NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to direct
the Respondents to stall all the activities including Deforestation of Mangroves and
filling up the same with mud in Sy Nos.374,376,387, 4985/3,1990 & 2004 of
Dummalapeta, Kakinada Urban Mandal, East Godavari District, pending disposal of
WP No. 8221 of 2020, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and order of the High Court dated 23.04.2020, 27-04-2020, 04-
05-2020, 11.05.2020, 22.05.2020& 27.07.2020 made herein and upon hearing the
arguments of T VISHNU TEJA Advocate for the Petitioners and of Sri C. Sumon, Govt.
_Pleader for Revenue for the respondents 1,5, 6,7,8,10 and 11, the Court made the
following.
ORDER:
(Proceedings taken up through video conferencing) Learned Government Pleader for Revenue requests time till 10.08.2020. Put up on 10.08.2020.
Interim order granted earlier is extended till then. SDI-K.TATA RAO ASSISTANT REGISTRAR FOR ncsier al? BoS(GTRAR
4. One CC to Sri T. Vishnu Teja, Advocate [OPUC] Two CCs to the Advocate General, High Court of A.P. [OUT] Two CCs to GP for Revenue, High Court of A.P. [OUT] Two CCs to GP for Home, High Court of A.P. [OUT] Two CCs to GP for Forest, High Court of A.P. [OUT] Two CCs to GP for Pollution Control Board , High Court of A.P. [OUT] One spare copy TRUE COPYI! To NOORON SRL HIGH COURT RKJ & DVSSJ DATED: 04.08.2020 NOTE: PUT UP ON 10.08.2020 ORDER WP.No.8221 of 2020 EXTENSION OF EARLIER INTERIM ORDER