VEERAMMA Vs. A P POLLUTION CONTROL BOARD

JUDGEMENT

(1.) Heard Shri Satyam Reddy, learned counsel for the petitioner, Shri Bhatt, learned Counsel appearing on behalf of the Andhra Pradesh Pollution Control Board, the first respondent herein, Shri B.V. Rama Mohana Rao, learned Counsel for the 6th respondent and the learned Government Pleader for Irrigation and Command Area Development.

(2.) The petitioners were the owners and possessors of agricultural lands admeasuring Ac. 14.36 gts. situated in S.No. 172, Ac. 9.16 gts. in S.No. 17/1 and Ac. 9.27 gts. in S.No. 165 situated at Sangam Kalan village, Tandur Mandal, Rangareddy District. Adjacent to the lands of the petitioners, a cement industry by name Visaka Cement Industry Ltd. was established which is now taken over by M/s. India Cements Limited, the 6th respondent herein. The petitioners filed the present writ petition for the following reliefs:

(3.) The case of the petitioners, as could be noticed from the averments made in Para 3 of the affidavit is that due to the blasting operations conducted by the 6th respondent-company, the entire area is engulfed with thick layers of dust and they are not in a position to lead a normal life. It is also their case that they have represented to the respondents about this on 6-1-2001 during Janmabhoomi Programme, but so far no remedial measures have been taken by the respondents. According to the petitioners, the 6th respondent cannot do blasting activity by endangering their lives. They also stated that the Village Administrative Officer had inspected their lands on 25-12-2000 and certified that their crop was destroyed and that the whole area was full of dust. It is further stated that the petitioners had spent about Rs. 85,000.00 for their agricultural operations apart from putting in their own labour but on account of the blasting activities being carried out by the 6th respondent, they are forced to lose their livelihood apart from the amounts spent by them. It is also stated that the Assistant Director of Agriculture, Tandur had vide his letter dated 3-1-2001 requested the first respondent to inspect the factory and take steps to stop the pollution, but so far no action has been taken. It is also stated that they are filing the photographs of the crops clearly showing therein the dust layers on account of which, the entire crop is wasted. It is further stated that since the problem is cropping up time and again, the petitioners are constrained to approach this Court for justice and for appropriate directions.