Andhra Pradesh High Court - Amravati
B. Muneiah, vs The State Of Andhra Pradesh on 28 April, 2022
Author: C.Praveen Kumar
Bench: C.Praveen Kumar
THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR
AND
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.25813 of 2021
ORDER:(per the Hon'ble Sri Justice C.Praveen Kumar) Heard Mr. Ramana Allu, learned counsel for the petitioner and learned Government Pleader for Gram Panchayat.
2. The present Writ Petition came to be filed seeking issuance of a Writ of Mandamus directing the respondent Nos.2 to 7 in not considering the representation of the petitioner dated 16.06.2021 as illegal, arbitrary and incorrect.
3. The affidavit filed in support of the petition shows that the establishment of cement brick manufacturing unit by Sri Bandela Nagaraju is creating lot of health hazards to the inhabitants of Minamanamudi village. It is further stated that at the time of making bricks, there is lot of noise pollution, which is inconvenient to the surrounding residents. The petitioner along with the villagers of Minamanamudi Grampanchayat submitted a representation dated 16.06.2021 to the respondents, but no action has been initiated by the respondents. Challenging the action of the respondents in not taking steps on the representation made by the petitioner, the present Writ Petition came to be filed.
4. Respondent Nos. 2 and 3 filed separate counters denying the averments in the petition stating that basing on the legal notice dated 27.09.2022, the respondents have conducted enquiry and taken action, which was informed to the learned counsel for the petitioner also. It is further stated that Sri Bandela Nagaraju has stopped the said cement bricks unit until he gets clearance from the Anadhra Pradesh Pollution Control Board (APPCB) and license from the Gram Panchyat, Minaminamudi and at present the said unit is not in functioning.
2
5. Respondent No.4 filed counter stating that the 4th respondent addressed a letter to the 7th respondent on 27.10.2021 informing that the Central Pollution Board has categorized the industries depending upon their pollution potential via., Red, Orange, Green and White Categories. The fly ash bricks and block manufacturing units are categorized as White category depending upon their pollution potential. As per the circular of the APPCB, the white category industries are exempted from obtaining consent from the APPCB. The 4th respondent has requested to initiate necessary action on the issue since APPCB do not have any role under the Central Pollution Control Board.
6. It is stated by learned counsel for the petitioner that the said Nagaraju again started manufacturing cement bricks and causing dust and sound pollution to the residents living around.
7. It is to be noted here that the said Nagaraju, who is alleged to have been carrying the brick manufacturing unit, is not made a party, therefore, no order could be passed without hearing him. Secondly, the case of the petitioner is that the said Nagaraju initially stopped manufacturing the cement bricks, but has started again. If that is so, the respondents authorities are directed to issue notice to Sri Bandela Nagaraju and thereafter, after hearing him, take steps in accordance with law.
With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
_______________________________ JUSTICE C.PRAVEEN KUMAR _____________________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 28.04.2022 MP 3 194 THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.25813 of 2021 28.04.2022 MP