HONOURABLE THE ACTING CHIEF JUSTICE GHULAM MOHAMMED AND HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.8029 of 2009 ORDER: (per Hon’ble the Acting Chief Justice Ghulam Mohammed) Heard both sides. This Writ Petition has been instituted in public interest seeking to issue a writ of Mandamus declaring the action of the respondents in granting permission for the establishment of Sewage Treatment Plant (STP) in Sy.Nos.376, 377 and 380, Residential area of Narava Village, Pendurthy Mandal, Visakhapatnam District, as unconstitutional and violative of provisions of the Environment (Protection) Act, 1986, Water (Prevention and Control of Pollution) Act, 19743, Air (Prevention and Control of Pollution) Act, 1981, Hazardous Wastes (Management and Handling) Rules, 1989, Hyderabad Urban Development Authority Zonging Regulations, 1981 and Urban Development Authority Rules, 1977. It is the grievance of the petitioner that the said STP is established in residential area, which contaminates the groundwater and pollutes the air, affecting the people living in the locality. It is averred that the establishment of STP is contrary to Section 25 of Water (Prevention and Control of Pollution) Act, 19743 and under Section 21 of Air (Prevention and Control of Pollution) Act, 1981 and the Rules made thereunder. With regard to the same, a representation, dated 04.04.2009, is stated to have been submitted to respondent Nos.4, 5, 7 and 8. A representation was also submitted to respondent No.9 for stoppage of work. In the absence of any response to the said representations, the present Writ Petition has been instituted. Respondent No.7- Commissioner, Greater Hyderabad Municipal Corporation, Visakhapatnam, filed a counter-affidavit wherein it is inter alia stated that the STP site at Narava is acquired by Visakhapatnam Urban Development Authority and Greater Visakhapatnam Municipal Corporation for construction of STP but not for disposal of sewage effluent as alleged by the petitioner; that the STP site at Narava is located far away from surface waters and also the BOD of treated effluent is less than 20 ppm which is proposed to be let into the sea through natural drains and hence, the treated effluent will not cause any water and air pollution. Against this order, under Section 28 of the Water (Prevention and Control of Pollution) Act, 1974, an appeal is provided to the appellate authority. In the circumstances of the case, since there is an alternative and efficacious remedy of appeal, we are not inclined to entertain this Writ Petition. Accordingly, the Writ Petition is dismissed granting liberty to the petitioner to approach the appellate authority within a period of one month from today. There shall be no order as to costs. _____________________________________________ THE ACTING CHIEF JUSTICE GHULAM MOHAMMED 11th November 2011 DR ___________________________________ JUSTICE NOOTY RAMAMOHANA RAO