IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.1806 of 2007 Between: 1. V.S.R.Murthy, President, Water Users Association No.31, Achanpally Village, Bhodhan Mandal, Nizamabad District. 2. Rama Krishna 3. K.Damodar Reddy 4. Sailu 5. R.Vijaya Kumar 6. M.Satyanarayana 7. K. Srinivasa Reddy 8. B.Dharmateja Reddy 9. D.Sudhakar 10.J.R.Reddy 11.B.Ravinder 12.Dr.Ravindra Reddy, B 13.K. Srinivasa Rao 14.Venkateswara Rao, 15. R.Adi Reddy 16.V.V.Rama Rao 17.V.Lalitha Kumari 18.M.Sri Laxmi 19.R.Ramamohan ....Petitioners And 1. The A.P.Pollution Control Board represented by its Member Secretary, Sanathnagar, Hyderabad. 2. The District Collector, Nizamabad District, Nizamabad. 3. The Government of Andhra Pradesh, represented by its Principal Secretary, Irrigation Department, Secretariat, Hyderabad. 4. The Government of Andhra Pradesh represented by its Principal Secretary, Environment Forest Science and Technology Department, Secretariat, Hyderabad. 5. The Mandal Revenue Officer, Bodhan, Nizamabad District. 6. The Station House Officer, Bodhan, Nizamabad District. 7. The Revenue Divisional Officer, Bodhan, Nizamabad District. 8. Nizam Deccan Sugars Ltd., Bodhan, Nizamabad District represented by its Managing Director. ....Respondents For the reasons stated in the "Petition" dated 03-01- 2007 sent by the petitioners herein, this Hon'ble Court may 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) discharging chemical water through irrigation canal into the ﬁelds of farmers by the Nizam Deccan Sugar Ltd., (NDSL) situated at Bhodhan, Nizamabad District, causing damage to the soil and crops of the said ﬁelds of Narsapur, Achanpally and Baddipur Villages; (ii) laying of pipe lines by the NDSL in the irrigation canal; (iii) action taken by the respondents on the representations made in this regard; and the Hon'ble Court may be pleased to pass appropriate orders directing the concerned authorities to take immediate steps to direct the management of Nizam Deccan Sugar Ltd., Bodhan for closing sub-distributory under D-40 canal of Nizam Sugar and prevent them in sending chemical water in the irrigation canal and to restore the said canal for the use of agriculture, to draw the water from D-40 canal 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 : Taken-up Petition Counsel for respondent No.1 : Sri Y. Srinivasa Murthy Counsel for respondent Nos.2, 5 and 7 : Govt. Pleader for Revenue Counsel for respondent No.3 : Govt. Pleader for Irrigation Counsel for respondent No.4 : Govt. Pleader for Forests Counsel for respondent No.6 : Govt. Pleader for Home Counsel for respondent No.8 : Sri E. Manohar, Senior Advocate assisted by Sri P. Kamalakar. The Court made the following: ORDER: (per Anil R. Dave, C.J.) The contents of letter dated 3rd January, 2007 were treated as a petition as the authors of the letter had stated that respondent No.8 was polluting agricultural ﬁelds of the authors of the letter by discharging chemicals and other effluents of its industry. In pursuance of the afore-stated letter, respondent No.1 was given necessary directions in the past to ascertain whether the allegations incorporated in the afore- stated letter were correct. Respondent No.1 found that the afore-stated allegations were correct and, therefore, respondent No.8 was directed to close down its industry. Subsequently, respondent No.8 took certain remedial measures whereby discharge of harmful eﬄuents had been stopped. Upon knowing that respondent No.8 has set up a system whereby discharge of eﬄuents into agricultural ﬁelds had been discontinued, by an order dated 6th August, 2008, the closure order has been revoked temporarily till 30th April, 2009. The said letter is taken on record. Sri Y. Srinivasa Murthy, learned Advocate appearing for respondent No.1 Board has submitted that from time to time, the oﬃcers of respondent No.1 Pollution Control Board are inspecting the unit of respondent No.8 to ﬁnd out whether the unit is still polluting. We are sure that the oﬃcers of respondent No.1 Board shall periodically inspect the unit of respondent No.8 so as to see that the unit does not start polluting the agricultural fields as alleged or otherwise. As the grievance ventilated in the afore-stated letter has been now redressed and as respondent No.1 Board has assured this Court to monitor respondent No.8 unit, the petition is disposed of. ANIL R. DAVE, C.J. 22nd August, 2008 VILAS V. AFZULPURKAR, J. ........REGISTRAR To 1. The Member Secretary, A.P.Pollution Control Board, Sanathnagar, Hyderabad. 2. The District Collector, Nizamabad District, Nizamabad. 3. The Principal Secretary, Irrigation Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 4. The Principal Secretary, Environment Forest Science and Technology Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 5. The Mandal Revenue Officer, Bodhan, Nizamabad District. 6. The Station House Officer, Bodhan, Nizamabad District. 7. The Revenue Divisional Officer, Bodhan, Nizamabad District. 8. Two copies to the Govt. Pleader for Revenue, High Court Buildings, Hyderabad (OUT). 9.Two copies to the Govt. Pleader for Irrigation, High Court Buildings, Hyderabad (OUT). 10.Two copies to the Govt. Pleader for Forests, High Court Buildings, Hyderabad (OUT). 11.Two copies to the Govt. Pleader for Home, High Court Buildings, Hyderabad (OUT). 12. Two C.D. copies. ARS