HONOURABLE SMT. JUSTICE T.MEENAKUMARI & HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA W.P No:8632 OF 2008 Dated: 14.7.2010 Between: R. Manikyala Rao ..Petitioner And 1. The A.P. Pollution Control Board, rep., by its Member Secretary, and others. .. Respondents. This Court made the following HONOURABLE SMT. JUSTICE T.MEENAKUMARI & HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No:8632 OF 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ petition is filed seeking Writ of Mandamus to declare the inaction of respondents 1 to 3 against 4th respondent, who is causing sound and air pollution by erecting high power generator on the road side in his apartment, as illegal and arbitrary and consequently, to direct respondents 1 to 3 to take action against the 4th respondent. Heard the learned Counsel and perused the material available on record. The material on record goes to show that in pursuance of the directions of this Court, dated 19.4.2008, the Environmental Engineer, A.P. Pollution Control Board, Regional Office, Eluru addressed a letter, dated 28.4.2008 to the 3rd respondent-Commissioner, Bhimavaram Municipality, requesting him to take action against the association of apartment owners for installing the generator set without any proper permission and also for causing sound nuisance to the nearby habitants. In the said letter, it is stated that the officials of the Control Board inspected the premises in question and observed that a residential apartment complex in the name and style of M.R.Residency is provided with a 15 KVA capacity generator set within the premises to meet the power requirement during the power cut time. But, the same has not been provided with proper acoustic enclosures to the DG set to prevent sound and air pollution in the surrounding areas. It is further stated in the letter that noise monitoring was conducted at the complainant’s house and the noise levels recorded during the course of operation of DG set were at the range of 60.3 dB(A) to 70 dB(A) whereas the noise levels recorded during the course of non operation of the DG set were in the range of 40 dB(A) to 52 dB(A) and that the noise levels recorded at the complainant’s house exceeded the MOE & F standards prescribed for residential area i.e., 55 dB(A) in day time and 45 dB(A) in night time. Again, the Environmental Engineer addressed a letter viz., Lr.No.WGC-1/PCB/RO-ELR/2007, dated 15.3.2010 to the 3rd respondent Commissioner, Bhimavaram Municipality, seeking to intimate the action that was taken pursuant to his letter dated 28.4.2008. Under the above circumstances, we feel that it would suffice if a direction is given to the 3rd respondent to consider the report and take necessary action in accordance with law. Accordingly, the writ petition is disposed of directing the 3rd respondent to consider the report of the A.P. Pollution Control Board and take necessary action in accordance with law against the 4th respondent. ____________________ Justice T. Meena Kumari ________________________ Justice Gopala Krishna Tamada Date: 14th July, 2010 Nn. HONOURABLE SMT. JUSTICE T.MEENAKUMARI & HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA WP No:8632 OF 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 14.07.2010