THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE K.C.BHANU W.P.No.23737 of 2007 Date of Order: 14-07-2010 Between 1.Bondalapati Venkateswara Rao and others ..Petitioners and 1.The Govt. of A.P., rep.by its Secretary, Medical & Health Department, Secretariat, Hyderabad and others. ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE K.C.BHANU W.P.No.23737 of 2007 Oral Order : (Per Honourable Sri Justice A.Gopal Reddy) 1. Petitioners, five in number, filed this writ petition in the form of Public Interest Litigation (PIL) stating that they are having residential abodes at Daliparru Village, Ghantasala Mandal, Krishna District, where the respondents 8 and 9 have established eight poultry sheds to the West, South and Northern side of their residential abodes without any permission from the authorities concerned and causing air and water pollution to the residents of the locality. It is also stated that apart from the above eight sheds, the respondents 8 and 9 have also constructed two more new sheds without any permission. The foul smell emanating from the poultry sheds is hazardous to the health of the people residing in the nearby houses in the locality. Therefore, they made a representation on 11-06-2007 to the Health Minister and also respondents 3 to 5 for necessary action, but so far no action is forthcoming. Therefore, the respondents 1 to 7 may be directed to prevent the respondents 8 and 9 for continuing the poultry business in the sheds in R.S.Nos.101/1 and 101/3 in an extent of Ac.4.00 of Daliparru Village, Ghantasala Mandal. 2. The Secretary to the 2nd respondent—Gram Panchayat filed a counter stating that poultry sheds were constructed by the respondents 8 and 9 way back in the year 1985 after obtaining necessary permission from the concerned departments and presently there are 30,000 birds in the sheds and the sheds are running by following sanitation instructions and not causing any pollution to the locality people as alleged. Pursuant to the representation made by the petitioners, an enquiry has been conducted by the Mandal Revenue Officer, Ghantasala Mandal, who found that there is no truth in the complaint of the writ petitioners as the poultry sheds were established in accordance with the established principles and running by following the conditions of the licenses. 3. The respondents 8 and 9 filed a separate counter affidavit stating that there is no air and water pollution as alleged by the petitioners and as a matter of fact, the poultry sheds are situated more than 400 meters away from the houses of the petitioners. After obtaining necessary permission from the Gram Panchayat as well as concerned authorities, they have started the poultry unit in the year 1985. The District Medical and Health Officer, Krishna District approved the plan for establishing the poultry unit vide Proceedings D.Dis.No.4681/41/85, dated 29-05-1985 and the Director of Town and Country Planning by proceedings No.8325/85, dated 04-06-1985 approved the same. The Inspector of Factories also approved the plan for the poultry unit by proceedings No.D.D.K.A2141/85, dated 01-05-1985. The Daliparru Gram Panchayat also passed a resolution on 04-05-1985 permitting the respondents 8 and 9 to establish the poultry unit. The poultry sheds are established way back as early as in the year 1985 in the agricultural lands and they still exit in the agricultural zone only and denied about their constructing the poultry sheds without obtaining any permission. The M.R.O., who inspected the poultry sheds on the complaint allegations, found that there is no truth in the complainant made by the petitioners and the poultry sheds are running after obtaining necessary permissions and licenses from the Gram Panchayat as well as other bodies. A suit—O.S.No.30 of 2009 was filed through the brother of the petitioners and some others seeking very same relief and interim orders were also obtained in I.A.No.254 of 2009 in the said suit. Hence, the present writ petition. 4. No reply as such has been filed by the petitioners controverting the facts stated in the counter affidavit about the permissions obtained by the respondents 8 and 9 for establishing the poultry sheds, which are being established in the agricultural lands and not in the residential locality. 5. We have heard the learned counsel for the petitioners and also learned counsel for the respondents 8 and 9. 6. The petitioners have not stated when they have constructed the houses; whether it is approved lay out from the Gram Panchayat to show that the poultry sheds were established after the residential locality has been developed in its vicinity in the process of expansion of towns and villages towards agricultural fields. Admittedly, the area where the poultry sheds were constructed by the respondents 8 and 9 is also included as part of the agricultural zone. Hence, the petitioners cannot compel the respondents 8 and 9 to remove the poultry sheds from the places unless the authorities found that it is hazardous to the heath. 7. In view of the same, if the petitioners establish that running poultry shed is hazardous to health and causing pollution continuously, they can implead the statutory authorities as party respondents in the civil suit already filed by them i.e. O.S.No.30 of 2009 and prove their case by leading evidence. 8. Since factual aspects have to be decided, the present writ petition filed in the form of PIL cannot be entertained and it is accordingly dismissed. No costs. ________________ A.GOPAL REDDY, J. ___________ K.C.BHANU,J. 14-07-2010 Murthy