HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.11984 of 2010 Date: 22.09.2011 Between: Narasapurapu Madhusudhana Rao ..... Petitioner AND: The Deputy Director of Fisheries Department, Government of A.P., Machilipatnam and three others. .....Respondents Counsel for the Petitioner: Sri P.Srinivas Rao Counsel for Respondent Nos.1 and 4: AGP for Fisheries Counsel for Respondent Nos.2 and 3: AGP for Revenue The Court made the following: ORDER: The grievance of the petitioner in this Writ Petition is that his application for grant of permission to carry on aquaculture by digging fish ponds over the land admeasuring Ac.31-00 cents in Survey Nos.233/A, etc., of Vennanapudi Village, Nandivada Mandal, Krishna District, is not being disposed of. At the hearing, learned Assistant Government Pleaders for Fisheries and Revenue appearing for the respective respondents, submitted that during the pendency of this Writ Petition, a Division Bench of this Court has disposed of Writ Appeal No.550 of 2010 by judgment, dated 29.04.2011 with the directions which are as under: - “1.Before any permission is granted for conversion of agricultural land into non-agricultural purposes, permission under Sec. 3 of the Conversion Act is must; 2. The landholder, who intends to convert his agricultural land into non-agricultural purpose ie., fish tanks, has to make an application before the Committee Constituted in G.O.Ms.No.47, dt.24-6- 2010. The Committee which scrutinizes the applications necessarily can proceed with the same only on enclosing the conversion order obtained under the provisions of the Conversion Act along with the application and take steps. 3. At the time of granting permission for aquaculture, it is always open for the adjacent landholders to make their objections for converting the adjacent lands into fish tanks and their objections shall be taken into consideration before granting permission. 4. After conversion of agricultural land into fish tanks, if any complaint is received stating that it is causing pollution of underground water or adjacent land became saline, the said complaint has to be referred to the authority constituted under the Environment Act with the report from the Pollution Control Board for certification that it will not cause any environment pollution and in the event if it causes environmental pollutant, the Committee constituted under the Environment Act shall suggest remedial measures and only on complying with the remedial measures, the Committee shall certify accordingly. Basing upon the said certificate, the authority constituted under G.O.Ms.No.47 dt.24-6-2010, which accorded permission for setting up of fresh aquaculture has to take steps either for discontinuation of aquaculture activities or can withdraw the permission so granted to protect the environment as suggested by the Committee constituted under the Environment Act. 5. Wherever Committee granted permission without there being any permission obtained for conversion of agricultural land into non-agricultural purposes, the persons whose lands were permitted to convert for setting up of fish tanks should be directed to produce a certificate of conversion under the Conversion Act by fixing a time limit and on failure to submit such certificate, permission granted earlier should be withdrawn.” Learned Assistant Government Pleaders further submitted that in order to give effect to the said Division Bench judgment, the State Government has issued G.O.Ms.No.67, dated 12.09.2011, laying down the guidelines. In the light of the above, this Writ Petition is disposed of with the direction to the respondents to ensure that the petitioner’s application is considered and disposed of by the competent authorities in the light of the judgment of this Court referred to above and the said G.O., within a period of three months from the date of receipt of a copy of this order. As a sequel to disposal of the Writ Petition, W.P.M.P.No.15100 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. ______________________________ C.V.NAGARJUNA REDDY, J 22nd September 2011 DR