IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELVETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE THE CHIEF JUSTICE AND THE HON'BLE MR JUSTICE R.SUBHASH REDDY Writ Petition No. 17704 of 2008 Between: 1) Forum For Sustainable Development, (FSD), (Regd. No. 305/2008) Rep. by its Secretary, Dr. S.Subba Reddy, S/o. S.Subba Reddy, aged: 63 yrs, R/o. Plot no. 277, Jubilee Hills, Phase-III, Road No. 78, Near Padmalaya Studio, Hyderabad - 500 033, A.P., 2) Dr. EAS.Sarma S/o. E.Lakshmi Narayana 14-40-4/1, Gokhale Road, Maharanipet, Visakhapatnam 3) Singam Setty Bhujanga Rao S/o. Late Satyam 4-71/1, Lawsons Bay Colony, Visakhapatnam-17 ... PETITIONERS AND 1) Union of India, Rep. by its Secretary, Ministry of Environment and Forests, Paryavaram Bhavan, Lodhi Road, New Delhi. 2) The State of A.P., Rep. by its Principal Secretary to Govt. Environment, Forest, Science & Technology, Secretariat Buildings, Hyderabad. 3) A.P.Pollution Control Board, Rep. by its Member Secretary, Sanathnagar, Hyderabad. 4) A.P. State Coastal Zone Management Authority, Rep. by its Chairman, Prl. Secretary, E.F.S.& T Department, Secretariat, Hyderabad. The District Collector, Krishna District, Machilipatnam. 5) Thermal Power Tech Corporation, (India ) Ltd., G-103, Srinivasa Towers, Begumpet Hyderabad, Rep. by its Managing Director. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue writ of Mandamus declaring the action of the respondents in not stopping the destruction of Mangroves in Polatithippa Village, Machilipatnam Mandal, Krishna District and the activities in this area without clearance from the ministry of Environment and Forest as illegal and unconstitutional and consequently direct the respondents to take steps to restore the pristine glory of the Mangroves / Mud flats / barren lands in the Coastal areas of Polatithippa Village while taking steps to initiation action under the Environment Protection Act for violating the provisions of Environment Protection Act and also the rules issued thereunder. Counsel for the Petitioner: MR.K.S.MURTHY Counsel for Respondent No.1: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) Counsel for respondent Nos.2 to 4: G.P. FOR FORESTS Counsel for respondent No.3: MR. Y. SRINIVASA MURTHY Counsel for respondent No.5: G.P. FOR REVENUE Counsel for respondent No.6: MR.S. RAMBABU The Court made the following: O R D E R: (Per Shri Anil R. Dave, Chief Justice) 1. By way of this public interest litigation, the petitioners have drawn attention of this Court to the fact that some Mangroves in Polatithippa Village, Machilipatnam Mandal, Krishna District were being illegally cut. 2. It has been speciﬁcally stated that the land from which the Mangroves have been cut, has been allotted to respondent No.6 – Thermal Power Cut Corporation (India) Limited. In pursuance of notices issued by this Court, it has been reported that it was a fact that some Mangroves from the area described in the petition had been illegally cut by some persons. Upon further enquiry being made by the Collector, District Krishna, it appears that the villagers residing in the vicinity might have cut the Mangroves. 3. It has been submitted by learned Senior Advocate Shri E. Manohar appearing for respondent No.6 that as respondent No.6 has not received any clearance from A.P. Pollution Control Board, it has not started any activity on the land in question. It has, however, been assured by him that respondent No.6 will take due care to see that from the land allotted to it, no Mangrove would be cut by respondent No.6 and respondent No.6 will also make an eﬀort to see that no illegal cutting of Mangroves takes place from the land, which has been allotted to it. 4. Learned Government Pleader has also assured this Court that due care shall be taken not only by the Collector, Krishna but by other concerned authorities also to see that there is no illegal cutting of Mangroves from the land in question as well as from other places referred to in the petition. 5. In view of the fact that the government authorities have assured that due care would be taken to see that Mangroves grown at the places referred to in the petition would be protected, the petition is closed. ANIL R. DAVE, CJ September 12, 2008 R. SUBHASH REDDY, J svs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}