IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 14932 of 2007 Between: 1 Bheemavarapu Madhava REddy R/o. Srinagar Village, Dachepalli (M), Guntur District. 2 M.Haimavathi R/o. Srinagar Village, Dachepalli (M), Guntur District. 3 M.Annapurnamma R/o. Srinagar Village, Dachepalli (M), Guntur District. 4 Janga Shivamma R/o. Srinagar Village, Dachepalli (M), Guntur District. 5 Vanga Padmavathi R/o. Srinagar Village, Dachepalli (M), Guntur District. 6 Bhadrama Desam R/o. Srinagar Village, Dachepalli (M), Guntur District. 7 Varukuri Ratnareddy R/o. Srinagar Village, Dachepalli (M), Guntur District. 8 V.Ramaiah R/o. Srinagar Village, Dachepalli (M), Guntur District. 9 V.Pullaraj R/o. Srinagar Village, Dachepalli (M), Guntur District. 10 A.Vishanadhare R/o. Srinagar Village, Dachepalli (M), Guntur District. 11 P.Veeraiah R/o. Srinagar Village, Dachepalli (M), Guntur District. 12 K.Nageshwararao R/o. Srinagar Village, Dachepalli (M), Guntur District. 13 Ch.Madhushdhana Reddy R/o. Srinagar Village, Dachepalli (M), Guntur District. 14 Ch.Nagi Reddy R/o. Srinagar Village, Dachepalli (M), Guntur District. 15 Ch.Madhusudhana Reddy R/o. Srinagar Village, Dachepalli (M), Guntur District. 16 Vendi Venkateshwarlu R/o. Srinagar Village, Dachepalli (M), Guntur District. 17 A.Srinivasaraju R/o. Srinagar Village, Dachepalli (M), Guntur District. 18 Sk.Chiranjeevi R/o. Srinagar Village, Dachepalli (M), Guntur District. 19 V.Venkata REddy R/o. Srinagar Village, Dachepalli (M), Guntur District. 20 M.Ramadu R/o. Srinagar Village, Dachepalli (M), Guntur District. 21 K.Rajesh R/o. Srinagar Village, Dachepalli (M), Guntur District. 22 A.Sivarama Krishna REddy R/o. Srinagar Village, Dachepalli (M), Guntur District. 23 K.Ramakrishna R/o. Srinagar Village, Dachepalli (M), Guntur District. 24 Veeramalla Srinivasarao R/o. Srinagar Village, Dachepalli (M), Guntur District. 25 Maashetty Chinaveeraiah R/o. Srinagar Village, Dachepalli (M), Guntur District. 26 V.Saida REddy R/o. Srinagar Village, Dachepalli (M), Guntur District. 27 P.Nageswararao R/o. Srinagar Village, Dachepalli (M), Guntur District. 28 Shaik Saidavali R/o. Srinagar Village, Dachepalli (M), Guntur District. 29 P.Annapurnamma R/o. Srinagar Village, Dachepalli (M), Guntur District. 30 P.Rama Rao R/o. Srinagar Village, Dachepalli (M), Guntur District. 31 Sk.Jani R/o. Srinagar Village, Dachepalli (M), Guntur District. 32 K.Nageshwarao R/o. Srinagar Village, Dachepalli (M), Guntur District. 33 B.Krishna Reddy R/o. Srinagar Village, Dachepalli (M), Guntur District. 34 A.Srinivasaladhca R/o. Srinagar Village, Dachepalli (M), Guntur District. 35 K.Shivalakshmi R/o. Srinagar Village, Dachepalli (M), Guntur District. 36 B.Subbarao R/o. Srinagar Village, Dachepalli (M), Guntur District. 37 B.Seshi Reddy R/o. Srinagar Village, Dachepalli (M), Guntur District. 38 P.Veeraiah R/o. Srinagar Village, Dachepalli (M), Guntur District. 39 M.Suresh Reddy R/o. Srinagar Village, Dachepalli (M), Guntur District. 40 Chennu Saidareddy R/o. Srinagar Village, Dachepalli (M), Guntur District. 41 Avutu Pichireddy R/o. Srinagar Village, Dachepalli (M), Guntur District. 42 Tavida Subarao R/o. Srinagar Village, Dachepalli (M), Guntur District. 43 Vuvavyaru Varalakshmidevi R/o. Srinagar Village, Dachepalli (M), Guntur District. 44 S.Suneetha R/o. Srinagar Village, Dachepalli (M), Guntur District. 45 Jagashivammavralu R/o. Srinagar Village, Dachepalli (M), Guntur District. 46 K.Santhi R/o. Srinagar Village, Dachepalli (M), Guntur District. 47 Kurre Narayanamma R/o. Srinagar Village, Dachepalli (M), Guntur District. 48 Bama Ramireddy R/o. Srinagar Village, Dachepalli (M), Guntur District. 49 Shaik Johny R/o. Srinagar Village, Dachepalli (M), Guntur District. 50 B.S.Reddy R/o. Srinagar Village, Dachepalli (M), Guntur District. 51 S.Raghava Rao R/o. Srinagar Village, Dachepalli (M), Guntur District. 52 P.Prasadrao R/o. Srinagar Village, Dachepalli (M), Guntur District. 53 S.Venkatareddy R/o. Srinagar Village, Dachepalli (M), Guntur District. 54 M.Sambi Reddy R/o. Srinagar Village, Dachepalli (M), Guntur District. 55 V.Ramarao R/o. Srinagar Village, Dachepalli (M), Guntur District. 56 P.Saidamma R/o. Srinagar Village, Dachepalli (M), Guntur District. 57 B.Madhavareddy R/o. Srinagar Village, Dachepalli (M), Guntur District. ..... PETITIONER(S) AND 1 The Zonal Pollution Control Board, Vijayawada, Krishna District, rep. by its Manager. 2 The Pollution Control Board, Sanathnagar, Hyderabad, rep. by its Member Secretary. 3 The Director of Factories, Hyderabad. 4 The District Collector, Guntur, Guntur District. 5 The Govt. of A.P. rep. by its Prl. SEcretary, Environment, Forests Science and Technology Department, Secretariat, Hyderabad. 6 The Govt. of A.P., rep. by its Prl. SEcretary, Revenue Department, Secretariat, Hyderabad. 7 The Govt. of A.P., rep. by its Prl. Secretary, Industries and Commerce Department, Secretariat, Hyderabad. 8 The Andhra Cement Company Ltd., Srinagar Village, Dachepalli (M), Guntur District, rep. by its Managing Director. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an Order, direction, or a Writ, more particularly one in the nature of Writ of Mandamus to call for the records and remarks from the Respondents herein in and connected to (i) moralities of giving permission for establishing and running of a cement factory in the name and style of Andhra Cement Company Ltd., (Durga Cement Works) located between Gamalpadu and Srinagar of Dachepalli Mandal, Guntur District since 1984 and the dust emitting from it is spreading over on the commercial crops of Mirchi, Cotton and Paddy raised by the formers in about 12,000 Acres of Land surrounding said factory and causing health hazards like lung diseases and eye defects to the people and formers of the surrounding villages and also causing damage to the animals; (ii) action taken by R.1 & R.2 on the representations submitted by the Petitioners; (iii) out-come of the visit by the authorities of 2nd Respondent and the report of the observation and the orders passed, if any, to stop running of the 6th Respondent's factory; and this Hon'ble Court may be pleased to give appropriate direction to the concerned authorities to take necessary action against the authorities of the said factory for emanating dust and save the villagers and to pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: PETITION Counsel for the Respondent No.1: Mr. Y. Srinivasa Murthy, Counsel for the Respondents 3 to 7: GP FOR REVENUE GP FOR ENVIRONMENT AND POLLUTION GP FOR SCIENCE AND TECHNOLOGY; GP FOR INDUSTRIES AND COMMERCE Counsel for the Respondent No.3: Nobody appeared The Court made the following : ORDER: (Per Anil R. Dave, HCJ) A letter dt. 5.6.2007 was addressed to this Court by residents of Srinagar village of Dachepali Mandal, Guntur district making a grievance with regard to pollution caused by Andhra Cement Company Limited located near Gamalapadu and Srinagar of Dachepalli Mandal. In the aforesaid letter, the villagers had made a grievance that because of functioning of the aforesaid cement company, lot of dust was being spread in the agricultural fields of their village. In the circumstances, it was prayed that the concerned authority should be directed to take action against the cement company. The aforesaid letter was treated as Public Interest Litigation and notices were issued to the concerned authorities. Notices were also issued to Andhra Cement Company Limited and A.P. Pollution Control Board. In pursuance of the directions given by this Court from time to time, A.P. Pollution Control Board had constituted an expert committee on the “emission and impacts of Andhra Cement Company Limited”. The expert committee had submitted its report on 18.1.2008. We have perused the report which revealed that the cement company was closed for some time because of financial difficulties. The cement company had also made sufficient efforts to see that the emission is in control and air pollution equipments are being used by the cement company. The expert committee had also convened a meeting with villagers of Dachepalli Mandal and it was found that the pollution was under control. It was represented before the committee that the grievance which had been made in the letter practically did not remain after certain measures were taken by the cement company and Pollution Control Board. Upon going through the report and upon hearing the learned advocates, we feel that the pollution is under control. Learned advocate Sri Y. Srinivas Murthy appearing for the Pollution Control Board has also submitted that there would be periodical check up with regard to emission level and if there is any pollution caused by Andhra Cement Company, appropriate action shall be taken. Learned advocate Sri C. Raghu appearing for the Andhra Cement Company has assured this court that monthly reports with regard to emission shall be submitted to the A.P. Pollution Control Board. In view of the above actions taken by the Andhra Pradesh Pollution Control Board as well as Andhra Cement Company Limited, we think the grievance ventilated in the petition has been redressed and therefore, the writ petition is disposed of. No order as to costs. ________________ ANIL R. DAVE CJ _____​______________________ GOPALAKRISHNA TAMADA J Dt. 29.2.2008 KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Zonal Pollution Control Board, Vijayawada, Krishna District, rep. by its Manager. 2 The Pollution Control Board, Sanathnagar, Hyderabad, rep. by its Member Secretary. 3 The Director of Factories, Hyderabad. 4 The District Collector, Guntur, Guntur District. 5 The Govt. of A.P. rep. by its Prl. SEcretary, Environment, Forests Science and Technology Department, Secretariat, Hyderabad. 6 The Govt. of A.P., rep. by its Prl. SEcretary, Revenue Department, Secretariat, Hyderabad. 7 The Govt. of A.P., rep. by its Prl. Secretary, Industries and Commerce Department, Secretariat, Hyderabad. 8. 2 CCs to GP for Revenue, 9. 2 CCs to GP for Environment & Pollution, 10. 2 CCs to GP for Science & Technology, 11. 2 CCs to GP for Industry & Commerce, 12.2 CD copies Form-NIC-OGS/WP{KURR}