Andhra Pradesh High Court - Amravati
Thummala Ramesh vs The Union Of India on 28 August, 2020
Author: Jitendra Kumar Maheshwari
Bench: Jitendra Kumar Maheshwari
[ 3225 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY ; : PRESENT: Ge, ey Seep THE HONOURABLE THE CHIEF JUSTICE SRI.JITENDRA KUMAR MAHESHWARI - AND F THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI 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 1. 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. 4. The Environmental Engineer, Andhra Pradesh Pollution Control Board, Having its regional office at H.No: 2-532, Santhi Nagar, Ramanayynpeta, Kakinada 5. The District Collector, East Godavari District, At Kakinada. 6. The District Revenue Officer, East Godavari District, At Kakinada, East Godavari District. 7. The District Forest Officer, Kakinada Division, Kakinada, East Godavari District 8. The Joint Director of Fisheries, Kakinada, East Godavari District 9. 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 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 sameé 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, 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 16-03- 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. IA 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, 1985/3,1990 & 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, 04-08-2020 & 21.08.2020 made herein and upon hearing the arguments of Sri T Vishnu Teja, Advocate for the Petitioners and GP for Revenue for the respondents 1,5, 6, and Assistant Solicitor General of India who appears for Respondent Nos 2 to 4 and 7 to 11, the Court made the following. ORDER:
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(Through Video Conferencing) List this petition along with W.P. (PIL) No. 218 of 2020 for analogous hearing.
Interim order passed earlier shall remain in operation till the next date of listing. os 4 Sd/-K. TATARAO ASSISTANT REGISTRAR ITTRUE COPY// AY HO FOR ASSISTANT REGISTRAR To . One CC to Sri T. Vishnu Teja, Advocate [OPUC] Two CCs to the Assistant Solicitor General of India, High Court of A.P. [OUT] . Two CCs to GP for Revenue, High Court of A.P. [OUT] One spare copy RON> SRL Oo HIGH COURT HCJ & LKJ DATED: 28-08-2020 NOTE: LIST THIS PETITION ALONG WITH W.P. (PIL) NO. 218 OF 2020 FOR ANALOGOUS HEARING. ORDER WP.No.8221 of 2020 EXTENSION OF EARLIER INTERIM ORDER