IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.19210 of 2007 Between: S.V. Ramana Reddy, Coordinator - Mandal Committee, Loksatha Party, New Colony, 4/118 B, Yerraguntla Village & Mandal, Kamalapuram Taluq, Kadapa District. ...Petitioner And 1. The A.P. Pollution Control Board, Represented by its Member Secretary, Sanathnagar, Hyderabad. 2. The Regional Manager, A.P. Pollution Control Board, Tirupathi, Chittoor District. 3. The District Collector, Kadapa District at Kadapa. 4. The Mandal Revenue Officer, Yerraguntla Mandal, Kadapa District. 5. The Government of Andhra Pradesh, Represented by its Principal Secretary, Environment, Forest, Science and Technology Department, Secretariat, Hyderabad. 6. The India Cements Limited, Yerraguntla Village, Kadapa District, Represented by its General Manager. ...Respondents For the reasons stated in the "Representation" dated 23.7.2007 sent by the petitioner 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) establishment running of a cement factory for the past two decades in the name and style of "India Cements Limited" at Yerraguntla Village, Kadapa District, which is releasing fine particles into the atmosphere causing health problems such as skin diseases, respiratory problems and eye infections to the large number of people besides decreasing the fertility of the nearby agricultural fields; (ii) action on the complaints made to the Government and the factory management in this regard; and this Hon`ble Court may be pleased to pass appropriate orders directing the concerned authorities to take immediate action to control the air pollution. Counsel for the petitioner : Taken-up Petition Counsel for respondent Nos.1 and 2 : Sri Y. Srinivasa Murthy Counsel for respondent Nos.3 to 5 : Government Pleader for Revenue Counsel for respondent No.6 : Sri C. Kodandaram The Court made the following: ORDER: (Per Sri Anil R. Dave, C.J.) 1) This is a public interest litigation wherein this Court had been informed with regard to pollution caused by respondent No.6. 2) During the pendency of the petition, the officers of respondent No.1 had inspected the premises of respondent No.6 and found that certain irregularities were committed by the said industry. Certain instructions were given to the industry so as to see that the pollution remains under control. 3) Respondent No.1 has submitted a report, which is on the basis of visit of its Environmental Engineer. In the report, the following facts have been stated: “1) Industry has upgraded Kiln Main ESP by providing new auto controllers and individual transformers to each chamber to reduce the number of ESP trippings. 2) Industry has installed clinker cooler ESP in place of conventional multi cyclone system. 3) Industry has equipped the kiln gas conditioning tower by providing additional spray nozzles for increasing the effectiveness of gas conditioning tower in suppressing the dust loading and to ensure that gaseous inlet temperature of ESP would be reduced. 4) Industry has constructed separate closed sheds for the storage of gypsum and fly ash. 5) Industry has replaced new bags in the bag filter at transfer points of cement mill. 6) Industry has provided bag filter at Clinker Stock Pile (CSP) top transfer point. 7) Industry has provided dust collector at raw mill extraction transfer point. 8) Industry has replaced bags in the bag filters at lime stone primary crusher and secondary crusher and provided dust collectors at lime stone screening section. 9) Industry has provided rubber belt curtains at different sections in lime stone crushing area where dust generates. 10) Industry has provided water spraying on conveyor belts at lime stone crusher area. 11) Industry has provided water sprinklers (40 Nos.) for wetting of roads in the factory. 12) Industry has planted number of saplings near the lime stone crusher area and mining area and also near the cement plant.” 4) In view of the above facts, the grievance ventilated in the petition has been now redressed. It is, however, directed that respondent No.1 shall periodically inspect the premises of respondent No.6 so as to see whether the said industry is causing any pollution. An officer of respondent No.1 shall visit the premises of respondent No.6 every month during the calendar year 2009 and if, at any point of time, it is found that any pollution is caused by respondent No.6, necessary instructions will be given to respondent No.6 and appropriate action shall be taken if respondent No.6 continues to pollute the atmosphere. 5) With the above directions, the petition stands disposed of. ANIL R. DAVE, C.J. 13th July, 2009 R. SUBHASH REDDY, J. ……REGISTRAR To 1. The Member Secretary, A.P. Pollution Control Board, Sanathnagar, Hyderabad. 2. The Regional Manager, A.P. Pollution Control Board, Tirupathi, Chittoor District. 3. The District Collector, Kadapa District at Kadapa. 4. The Mandal Revenue Officer, Yerraguntla Mandal, Kadapa District. 5. The Principal Secretary, Government of Andhra Pradesh, Environment, Forest, Science and Technology Department, Secretariat, Hyderabad. 6. The General Manager, India Cements Limited, Yerraguntla Village, Kadapa District. 7. Two copies to the Govt. Pleader for Revenue, High Court Buildings, Hyderabad (OUT). 8. Two C.D. copies. ARS