G SOMA RAJU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners nerein who are twenty in number and residents of Suryaraopet, Kakinada Rural, Kakinada, belonging to fishermen community, have filed this Writ Petition by way of Public Interest Litigation for a Writ of Mandamus declaring the action of the respondent No.1 - Government of Andhra Pradesh in converting and leasing out the Beach Park situated at Kakinada Port in favour of respondent No.4 - M/s. Indian Molasses Company Ltd., Chennai (IMC) for establishing an industrial unit as illegal, arbitrary, capricious, without any sanction of law and violative of their fundamental Right guaranteed under Article 21 of the Constitution of India and for a consequential direction to the respondents to take necessary steps for removal of encroachments and restore the Beach Park to its original position and maintain it properly.

(2.) It appears that a news item published in a Telugu Daily Newspaper, Andhra Bhoomi of Rajahmundry Edition dated 8-4-2002 had prompted the petitioners to file this PIL. According to the petitioners, the paper highlighted about the arbitrary decision taken by the Government in allotting the Beach Park to respondent No.4 under a lease agreement for a period of 30 years on nominal price in a clandestine manner on the pretext of industrial development. The newspaper also pointed out that an extent of five acres of land out of the Beach Park area was allotted in favour of another industry called Khairan.

(3.) It is averred that prior to modernisation of Kakinada Deep Water Port, an extent of 22 acres of land belonging to Port was developed into a Park commonly known as Beach Park with the financial aid and assistance of DRDA, Forest Department, Panchayat Raj, Port Department. The general public of Kakinada and the entire fishermen community is enjoying the environmental atmosphere prevailed and maintained in the park. The park has been entrusted to Kakinada Municipality - 3rd respondent which in turn handed over to M/s. Nagarjuna Fertiliser Chemicals Ltd., for proper maintenance. Subsequently, the park was sold away to the Port for the purpose of Port Development.