Katta Ranga Rao v. The Union Of India

HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.43385 OF 2018 ORDER (ORAL): (Per the Hon'ble the Chief Justice Sri Thottathil B. Radhakrishnan) Learned counsel for the Andhra Pradesh Pollution Control Board (APPCB) submits that issues which are not very much different from those raised in this writ petition are now pending consideration before the National Green Tribunal (NGT) in O.A.No.857 of 2018 and that a report of a four member team which had visited the premises today is expected to place before the NGT shortly. 2.

The petitioner has pleaded here that requisite steps have to be taken for ensuring their safety. He pleads that they are living in the vicinity of the ongoing Polavaram Project area and the situation complained of relates to matters connected with large scale dumping of muck and excavated soil in dump sites and also while undertaking blasting work. According to the petitioner, the situation results in severe damage and poses challenge to their lives, apart from other issues which are related to environment management. He also has sought for a direction to the official respondents to undertake a comprehensive study of environmental and geological adverse impacts on the petitioner and similar other persons.

3.

In the aforesaid circumstances, we are of the view that better administration of justice relating to environment management and also to adverse geological impact situation as alleged by the

petitioner could be effectively managed in jurisdiction under the NGT, particularly when the matter noted is stated to be in that end. 4.

In such facts and circumstances of the case, we are of the considered opinion that the writ petition be closed, leaving the petitioner to move the NGT for such relief as may be available. It would be up to the petitioner to bring to the notice of learned Tribunal the hardships they are facing in view of the construction of Polavaram Project.

5.

The writ petition is, accordingly, closed. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, stand closed.

___________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ ____________ S.V.BHATT, J 11th December, 2018 Stp/ Lrkm