THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.29667 OF 2011 O R D E R Heard the counsel for the petitioners, Standing Counsel for the 1st respondent – Srikakulam Municipality, Government Pleader for Revenue for the 2nd respondent and the Government Pleader for Home for the 3rd respondent. 2. The case of the petitioners, as per the writ affidavit, is that they are all the residents of New Colony, for which layout was made about fifty years back and it is classified as residential zone. The streets in their colony were being used as parking places for buses by the Engineering Colleges and lorries of transport companies and thereby causing sound and air pollution. Their grievance is that in the residential zone, the commercial establishments have come and they are using the same for transport offices, welding and fabricating shops, bhajan mandalis, parking of heavy vehicles etc. Therefore, they made complaints to the respondents. Aggrieved by the inaction of the respondents in allowing the commercial activities in residential zone, and in not considering the representations of the petitioners, they filed the present writ petition. 3. The Municipal Commissioner of the 1st respondent – Municipality filed counter affidavit and stated inter alia that the New Colony was formed 60 years back in the name of Gandhi Nagar and the layout was approved in T.P.No.7/52 by JDTP Government of Madras. The original location of the colony is situate between the thickly built up area and Grand Trunk Road which passes to Calcutta. The layout was formed with 92 plots highest size of Ac.0-33 cents and in due course of time, the total layout plots were subdivided and became small plots with thickly built up nature. The layout is marked as high population density area as per sanctioned Master Plan by Government. Considering the developments in Srikakulam Town, the Government of Andhra Pradesh sanctioned master plan to Srikakulam Town in G.O.Ms.No.147 M.A. dated 6.3.2000 and as per which, part of New Colony is decided as commercial belt, as it is abutting Grand Trunk road, and hence the commercial activities have come up to cater the needs of all sectors of public and drastic change to shopping area was occurred in this area. The Government of Andhra Pradesh has kept the Srikakulam Municipality under the jurisdiction of Visakhapatnam Urban Development Authority and land use zoning regulations permissible in commercial zone, are stated in the counter affidavit. It is stated that the New Colony Welfare Association filed PLC No.395 before the Legal Cell Authority, Srikakulam by imputing several irregularities and subsequently the same was dismissed on 5.6.2008, as not pressed. With these averments, the writ petition was sought to be dismissed. 4. The petitioner filed reply affidavit and denied the averments made in the counter affidavit. 5. The learned counsel for the petitioner submitted that the petitioners made representation on 16.6.2008, but till now no action has been taken. 6. In the residential zone, the residents of the locality have a right to lead a peaceful life from pollution caused by commercial establishments, which are prohibited in that area. Whenever they have any grievance with regard to pollution in any form, which are prohibited in the residential zone, they have got a right to make a representation to the authorities and in which case, it will be duty of the authorities to take appropriate action in accordance with law. In the counter affidavit filed by the respondents it is stated that as per Master Plan to Srikakulam Town in G.O.Ms.No.147 M.A. dated 6.3.2000, part of new colony is decided as commercial belt, as it is abutting G.T. Road, which is passing towards Calcutta from the centre of the town. In view of these facts and circumstances, the writ petition is disposed of with the following direction: “The petitioners are given liberty to make fresh representation to the 1st respondent within a period of two weeks from the date of receipt of a copy of this order and within two weeks thereafter, the said representation shall be considered and appropriate action shall be taken in accordance with law.” 7. There shall be no order as to costs. AVS -------------------------------- 31—07—2012