THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN W.P. 26243 of 2007 Dated.13–08-2010 Between: Adapa Narayana Swamy and others. …Petitioners Vs. The Government of Andhra Pradesh, rep., by its Chief Secretary, Secretariat Buildings, Hyderabad and others. …Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN W.P. No. 26243 of 2007 ORAL ORDER: (Per: The Hon’ble Sri Justice Goda Raghuram) The former Vice Sarpanch Sundarapalli village, K. Gangavaram Mandal, East Godavari Distrit and other residents of K. Gangavaram mandal have filed the writ petition for a declaration that the action of the official respondents in permitting the 8th respondent in establishing and operating bricks kiln in survey Nos. 162/7, 162/8 and 162/9 of Kulla village and in putting a ramp on the Godavari bank to access to the said survey number is illegal and for a consequent direction to the respondents to close down the bricks kiln of the 8th respondent. The petitioners pleaded that the 8th respondent has taken land in the aforesaid survey numbers on lease and had dug pits in the land in order to establish bricks kiln without obtaining permission from the Gram Panchayats of Sundarapalli and Kulla villages or concerned authorities. The 8th respondent put on a ramp on the Godavari river bund to transport the raw material and finished products. The petitioners further contend that the operations of the 8th respondent’s bricks kiln and the appurtenant activities such as the removal of clay, sand, plying of heavy vehicles such as lorries and tractors to transport raw material and finished products are adversely affecting the agricultural operations in the area and impacting their right to livelihood. Pursuant to the interim order of this Court dated 27-01-2010, the 1st respondent has filed counter affidavit dated 25-04-2010 enclosing therewith a copy of G.O.Ms.No. 80 Environment, Forests, Science & Technology (Environment) Department dated 22-04-2010 (for short ‘the G.O.’) setting out guidelines for establishment of Brick Clamps in the State of Andhra Pradesh. The guidelines read as under: 1. An application for establishment of Brick Clamp made to Industries Department shall be accompanied by a no objection/license from the local body (Gram Panchayat, Zilla Parishad, Municipality or Municipal Corporation). It is open to the local body to consider the objections, if any, made to such application before grant of No objection Certificate to the applicant. 2. The edge of the Brick Clamp (batti) shall be at a radial distance of --- (a)1 Km from any human habitation, hospitals, educational or any other institutions; (b)100 m as far as practicable, but in no case less than 50 mtrs from the neighbors’ agricultural/horticulture lands. The Brick Clamp shall have the accessibility without disturbing the surrounding crops; (c) 100 mtrs from flood banks of river; (d)200 mtrs from the National Highways/State Highways/Expressways/Ring Roads; and (e) 25 m from the village roads. 3. The General Manager, District Industries Centers shall issue acknowledgements to those Units which are complying with above guidelines duly stipulating the above mentioned guidelines as conditions. 4. Mitigative measures to control pollution; (a)To minimize generation of fugitive emissions due to movement of vehicles, the passage around the brick clamps within the premises should be paved with broken bricks; (b)Ash produced everyday shall be transported to a disposal site or reused in brick making to reduce fugitive emissions; (c) The brick clamp (Batti) shall be located/operated in such a way that it shall not affect the agricultural activity in the vicinity; and 5. The Revenue Authorities viz., Collector and District Magistrate/R.D.O./Tahasildar shall continue to take action against defaulting units under the provisions of Cr.P.Code as upheld by the Hon’ble High Court in the W.P.No. 12138/2008 and batch cases. The District Collector of the concerned District shall monitor implementation of the guidelines. In the light of the above guidelines, no further proceedings in the writ petition are necessary. If the petitioners are aggrieved by any provision of the G.O., they are at liberty to pursue appropriate remedies. The writ petition is disposed of as above. There shall be no order as to costs. JUSTICE GODA RAGHURAM JUSTICE RAMESH RANGANATHAN Dated: 13-08-2010 Pvks/*