IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI DEVINDER GUPTA,THE CHIEF JUSTICE and THE HON'BLE MS JUSTICE G.ROHINI TAKEN UP WRIT PETITION NO : 1034 of 2002 Between: M.Shyam Prasad, Secretary , The Human Rights Council, Ramnagar Visakhapathnam ..... PETITIONER AND 1 The Commissioner, Visakhapatnam Municipal Corporation, Ramnagar, Visakhapatnam 2 The Chief Conservator The Chief Conservator of Forests (e) regional Office, Kendriya Sadan , 4th Floor E&F, Wings, 17th Main Road, Koramangula Banglore- 34 3 The Joint Chief Environment Engineer, A.P Pollution Control Board, VUDA Complex, Visakhapatnam-3 4 The District Collector, Visakhapatnam District 5 The Secretary, Ministry of Environment & Forests Govt. of India, New Delhi .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the petition dated 22-12-2001 by the petitioner herein the High Court will be pleased to issue an order, direction or Writ, more particularly one in the nature of Writ of Mandamus; or such other appropriate writ directing the respondents to demolish the illegal constructions being made in the Coastal Regulation Zone in the Prohibited area namely by the side by the lawns owner which the statutes of eminent, men are installed in the Beach Area of Visakhapatnam within the Visakhapatnam Municipal Corporation Area; and to pass such other order or further orders as this Hon’ able Court may deems fit and proper in the circumstances of the case. For the Petitioner: PETITION For the Respondent No.1 : T.S.VENKATA RAMANA, ADVOCATE For the Respondent No.3 : MR S.V. BHATT, S.C. FOR A.P.POLLUTION CONTROL BOARD. For the Respondent No2,4&5.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORAL ORDER: (per Hon’ble The Chief Justice). This is a taken up petition in which the sender of the petition sought issuance of appropriate direction to the Visakhapatnam Municipal Corporation for the demolition of the constructions alleged to have been made in violation of the Coastal Regulation Zone (in short ‘CRZ’) in the prohibited area. Affidavit in reply has been filed by first respondent denying the allegations made in the petition and stating that the ecologically sensitive area comes under Category-I of CRZ as per para 6(1) of Annexure-I for Coastal Area Classification and Development Regulations. But, the above said area comes under Category-II of CRZ and hence, the Regulations of CRZ-I are not applicable to the said area. The respondent further submitted that the statues of eminent personalities have been installed as part of landscaping and urban design concepts for developing the area on the other side of the existing road, jointly by the Visakhapatnam Municipal Corporation and Government of Andhra Pradesh, as per the orders issued in G.O.Rt. No.338 M.A., dt.16-4-99 and G.O.Rt.No. 526 M.A., dt.25-6-99 under the Beach Road beautification project. Since the location falls under category-II of CRZ, the erection of statues of eminent personnel is not illegal activity but only part of landscaping project. From the affidavit in reply, we find that the erection of statues of eminent personalities in a location, which falls under category-II of the Coastal Regulation Zone, is not an activity, which is prohibited and is also not an activity in violation of the environmental laws. No further action is required to be taken in this writ petition in view of the averments in counter affidavit. The Writ Petition stands closed. No costs. ___________________ DEVINDER GUPTA, C.J. ___________ G. ROHINI, J. Dated: 07-07-2004 Kvrk To 1 The Commissioner, Visakhapatnam Municipal Corporation, Ramnagar, Visakhapatnam 2 The Chief Conservator of Forests (e) regional Office, Kendriya Sadan , 4th . Floor E&F, Wings, 17th Main Road, Koramangula Banglore- 34 3 The Joint Chief Environment Engineer, A.P Pollution Control Board, VUDA . Complex, Visakhapatnam-3 4 The District Collector, Visakhapatnam District 5 The Secretary, Ministry of Environment & Forests Govt. of India, New Delhi 6. Two CCs to G.P for Municipal Administration & Urban Development, High Court Building (OUT) 7. The Officer Concerned, Public Interest Litigation Cell, High Court, Hyd. 8. Two CD copies.