Gadiraju Venkata Subba Raju, vs The State Of A.P.
2021 Latest Caselaw 2594 AP

                                      1




         HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

                     Writ Petition No.17228 of 2020

Order:

        This Writ Petition is filed to declare the inaction on the part of the

respondents in not considering/disposing of the representations made by

the petitioner along with villagers of Kallakuru on 24.06.2019, 18.11.2019,

25.11.2019, 10.09.2020, 15.09.2020 and 18.09.2020 as illegal and

arbitrary and a consequential direction was also sought to protect the

interest of the petitioner's fields and to direct the respondents to stay all

further proceedings of digging of fish/prawn tanks by the respondents 9 to

12 in RS No.156, admeasuring Ac.2-00 cents, RS Nos.156 to 159

admeasuring Ac.5-52 cents, RS Nos.191, 192, and 194 to 197,

admeasuring Ac.17-00 cents and RS Nos.146 and 148, admeasuring

Ac.2-76 cents of Kallakuru village, Kalla Mandal, West Godavari district.

The case of the petitioner is that he worked as Sarpanch previously

to the 8th respondent - Grampanchayat and also worked as President of

Water Users Association of Kalavapudi village; petitioner made

representations to the respondent authorities stating that their village has

one irrigation canal which flows from Kuppanapudi to kallakuru from

Venkayyavayyeru to Aibhimavaram village main canal, which is called as

"Mula bode"; the unofficial respondents are having their agricultural lands

adjacent to the said "Mula bode" and they are trying to convert their lands

into fish/prawn tanks; at that stage, Grama Sabha was conducted on

18.05.2015 and a resolution was passed not to give any permissions for

converting the lands into fish/prawn tanks; the unofficial respondents 9 to

12 are highhandedly digging fish/prawn tanks without any proper

permission and no objections are called for from the villagers as mandated

in G.O.Ms.No.7, dated 16.03.2013; if the tanks are dug surrounding the

cultivable lands the existing 'Mula bode' will be damaged and closed with

fish tank bunds and the water which is being used for irrigation will be

polluted and the lands of the petitioner and others will become unfit for

cultivation; explaining the said difficulties petitioner filed many

representations and as the same are not being considered, the present

Writ Petition is filed.

Copies of said representations along with acknowledgments are

filed along with the Writ Petition.

Counter affidavit is filed on behalf of the respondents 1, 2 and 3 by

the Joint Director of Fisheries/Convener of the District Level Committee

stating, inter alia, that the objections of the neighbouring agricultural land

owners were called for and notices were sent to the Grampanchayat

Secretariat of Kallakuru village asking them to display it on the notice

board of the Grampanchayat, calling for objections on 12.06.2020, but no

one raised any objection within the stipulated period of 15 days; hence

provisional permission was issued to the unofficial respondents on

08.07.2020 for digging of fish tank.

Mr. K. Ramesh Babu, learned counsel appearing for respondents 9

to 12, submits that when once the permission is given, the issues raised

by the petitioner cannot be entertained.

When the learned Government Pleader submitted on 05.11.2020

that they are prepared to conduct fresh inspection, this Court passed the

following order.

"........... There is a serious allegation being made about the pollution being caused in the surrounding areas particularly for the irrigation and drinking water.

Noting the submission of Sri Ramesh Babu, no final orders are being passed. But, factually this Court is of the opinion that the official respondents should be directed to conduct a survey of the lands concerned in this writ petition and submit a factual report whether or not there is any environmental pollution, seepage of polluted water into the agricultural lands affecting the adjacent areas.

Hence, the second and third respondents are directed to take a lead in the matter, issue notices to all the parties, conduct an inspection of the lands and submit a factual report to this Court of the alleged pollution.

List the mater on 26.11.2020.

Legal and other issues will be heard and the matter will be decided depending upon the facts also."

On 16.12.2020, learned Government Pleader submitted that by

oversight no action was taken. Hence, once again a direction was issued

to the respondents 2 and 3 to get proper survey conducted and submit a

factual report and this Court also observed that the said order was

dictated in the presence of learned Assistant Government Pleaders for

Revenue and Fisheries and the matter was directed to be listed on

30.12.2020 for submission of the report. Again the matter was listed on

04.01.2021 and on that day it was observed that "learned Government

Pleader did not have any instructions as to whether the survey was

conducted or not" and he sought further time to obtain instructions and

the learned Government Pleader submitted that counter affidavit has been

filed on the said date without filing any report. On 07.01.2021, learned

Government Pleader was directed to upload the report which was

supposed to be filed on 30.12.2020. Again the matter was listed on

21.01.2021 and on the said date it was observed that the directions of this

Court dated 05.11.2020 have not been complied with. On 22.01.2021,

learned Government Pleader for Fisheries admitted that the report

submitted to this Court does not set out any information relating to the

question of environmental pollution, seepage of polluted water into the

agricultural lands affecting the adjacent areas and he sought time to file

further report in compliance of the directions of this Court dated

05.11.2020, hence time was granted till 05.02.2021 to submit necessary

report after re-inspection of the area with notice to the parties. On

08.02.2021 the following order was passed.

"On 05.11.2020, the District Collector, West Godavari District and the Joint Director, Fisheries Department, West Godavari were directed to take a lead in the matter, issue notices to all the parties and conduct an inspection of the lands and submit a factual report to this Court, on whether there is pollution on account of seepage of polluted water into agricultural lands in the areas surrounding the fish tanks of respondent Nos.9 to

12. Time was granted till 26.11.2020. As no action was taken, in this regard, a direction was issued to the respondent Nos.2 and 3, to get an appropriate survey conducted and submit a factual report. On 04.01.2021, learned Government Pleader submitted that he had no instructions as to whether survey stands completed or not and sought time. On 07.01.2021, learned Government Pleader sought time to upload a report and serve a copy of the report on the learned counsel for the petitioner and unofficial respondents. The matter again came up on 20.01.2021 and 21.01.2021. The matter came up today. A report has been placed before this Court. This report is

signed by the 3rd respondent Tahsildar, Kalla mandal, Deputy Surveyor, Kalla, Kalla Mandal. This report only gives details of the provisional permissions given to the unofficial respondents. The report states that the fish tanks have been dug as per the norms of G.O.Ms.No.7, dated 16.03.2013 and that there are no agricultural lands in the neighbourhood because of which question of damage to paddy fields would not arise.

Learned counsel for the petitioner submits that there are agricultural operations being conducted in the area and the central question whether there was seepage of water and environmental pollution on account of the said seepage to water has not been addressed in the report.

In the circumstances, the respondent Nos.2 and 3 shall file a report either on the basis of a personal inspection by them or on the basis of an inspection made by persons deputed by respondent Nos.2 and 3 by the next date of hearing. This report shall contain photographs of the area inspected by the team and contains specific averments as to whether there is seepage of effluents and water from these tanks and whether there has been any environmental degradation in the area. Needless to say this inspection shall be conducted in the presence of the petitioner after due notice to him and in the presence of unofficial respondents after due notice to them.

Post on 25.02.2021.

It is also directed that either the report would be filed by that day or respondent Nos.2 and 3 shall be present personally to explain why the orders of this Court are not being complied."

A memo was filed on 06.02.2021 on behalf of the third respondent

along with joint inspection report, which is attached to the bundle much

later, which reads as follows.

"As per G.O.Ms.No.7, dated 16.03.2013, there shall be a minimum distance of 3 meters between the fresh water aquaculture farm and neighbouring agricultural lands. Fresh water aquaculture farms should be located at least 10 meters from the nearest village(s)/hamlet(s). Fresh water aquaculture farms should maintain a minimum distance of at least 10 meters from the nearest drinking water source. The fish tanks which have been dugged are as per the norms of G.O.Ms.No.7. No agricultural lands are existing neighbouring to the fish tanks in question and therefore the question of damage of paddy fields does not arise."

As seen from the said report dated 06.02.2021, nothing is stated

with regard to issues pointed out by this Court on 05.11.2020 and on

08.02.2021 with specific averments as to whether there is seepage of

effluents and water from the tanks and whether there has been any

environmental degradation in the area.

On 06.04.2021, the unofficial respondents were given time as last

opportunity to file their counter affidavit. As no counter was filed, again

time was granted on 18.06.2021 till 25.06.2021, but no counter affidavit

was filed by the unofficial respondents.

On 12.07.2021 it was made clear that if no counter affidavit is filed

by the unofficial respondents by 26.07.2021, the matter will be dealt with

based on the material available on record by the next date of hearing.

But, no counter affidavit is filed on behalf of unofficial respondents till now

even though vakalat was filed on their behalf on 09.10.2020.

Eighth respondent also did not file any counter affidavit till now and

he seeks further time to file counter affidavit.

The matter underwent 22 adjournments till now.

A joint inspection report was filed on 25.02.2021, which reads as

follows.

"In view of the above it is submitted that the unofficial respondents aquaculture tanks have seepage channel around the fish tank and there is no seepage of water and effluents into the adjacent lands and hence the seepage of water is not contributing the environmental pollution."

On 22.03.2021, learned Government Pleader stated that further

report along with photographs is being filed. Accordingly, another joint

inspection report was filed on 23.03.2021 and the operative portion of the

same is as follows.

"In view of the above it is submitted that the unofficial respondents aquaculture tanks have seepage channel around the fish tank and there is no seepage water and effluents into the adjacent lands and hence the seepage water is not contributing the environmental pollution and seepage water letting out to Mallamkodu drain through seepage channels."

Even this report does not refer to the issues in detail which were

mentioned in the order dated 05.11.2020 and 08.02.2021, except giving a

statement on the issue pointed out.

Reply affidavit is filed by the petitioner stating, inter alia, that the

objections filed by the petitioner through registered posts were not

considered at all and further it is stated at paras 5 and 6 as follows.

"5. I submit that the subject tanks area situated almost middle of surrounding cultivable lands and as such pisci culture which sought to be developed in their lands,

the existing MULA bode will be damaged and closed with fish tank bunds and the water used for irrigation of the agricultural fields will be polluted with saline water and chemicals used for pisci culture apart from seepage of the said water into the neighbouring agricultural lands and consequently lands will become unfit for agricultural and become saline. There is no outlet for waste water to the disputed tanks of nearly 34 acres is main grievance of petitioner.

6. I submit that this Hon'ble Court directed authorities number of times to file report after giving notice and opportunity of petitioners. But repeated directions, finally a conditional order of appearance of respondents was ordered to appear on 25.02.2021, then the authorities finally went on 24.02.2021 to the subject lands in hurry manner by the officials deputed by 2nd and 3rd respondents come and take photographs as per orders of this Hon'ble Court and just spend within ½ an hour leaving the said area and also no opportunity was given to petitioner and filed a table made report as a eye wipe action, is nothing but careless action towards this Hon'ble Court orders. The unofficial respondents doing all these illegal and high handed acts in violation of all the revenue laws, rules, Acts and other environmental acts and provisions including the water Act, Air Act and especially the judgments rendered by the High Court of AP and Supreme Court of India in this regard in S. Jagannadh case."

Learned counsel for the petitioner submits that the photos filed

along with the report dated 25.02.2021 categorically show that the

unofficial respondents are operating the tanks without obtaining final

permission.

Counter affidavit filed by the official respondents does not show

that final permission has been granted to the unofficial respondents.

Copies of representations of the petitioner and others dated 24.06.2019,

18.11.2019, 25.11.2019, 10.09.2020, 15.09.2020 and 18.09.2020 and the

acknowledgments thereon are filed along with the Writ Petition. The said

representations are marked to the Revenue Divisional Officer,

Narasapuram division, Narasapuram, West Godavari district, The

Tahsildar, Kalla, Kalla Mandal, West Godavari district, The Joint Director,

Fisheries Department, Eluru, West Godavari district, The Joint Director,

Agriculture Department, Eluru, West Godavari district, The Mandal

Agriculture Officer, kalla, Kalla Mandal, West Godavari district, The

Executive Engineer (Irrigation), Eluru, West Godavari district, The

Assistant Executive Engineer (Irrigation), Akiveedu, West Godavari district,

The A.D., District Ground Water Department, West Godavari district,

Eluru, The District pollution Board, West Godavari district, Eluru, The

Fisheries Development Officer, Akiveedu, West Godavari district and the

VRO, Kallakuru Panchayat of Kalla Mandal, West Godavari district. The

counter affidavit does not deal with the said representations and the

acknowledgments which are filed along with the Writ Petition, which

means that they received, but no action was taken on them.

Learned Assistant Government Pleader who appeared today does

not say that the final permission has been granted to the unofficial

respondents.

In view of the facts and circumstances of the case, as the petitioner

has filed many representations raising objections, appropriate authority is

directed to deal with the same before granting final permission to the

unofficial respondents, if the same is not yet granted, and if the unofficial

respondents are operating the tanks without obtaining final permission,

the official respondents are directed to take appropriate action in

accordance with law, as expeditiously as possible, after giving notice and

opportunity.

With the above directions, the Writ Petition is disposed of. There

shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in

this Writ Petition, shall stand closed.

_____________________________ KONGARA VIJAYA LAKSHMI, J Date:26.07.2021 Nsr

HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

Writ Petition No.17228 of 2020

Date:26.07.2021

Nsr