A. R. LAKSHMANAN, C. J.

( 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.

( 4 ) THE petitioners further state that the fishermen after completing their fishing operations used to take rest under the shade of the trees in the park. Not only the general public of Kakinada town but even the people belonging to different places in and around Kakinada visit the Beach Park in holidays with their children. Ignoring the public interest, the 1st respondent leased out an extent of ten acres of land covered by beach Park in favour of respondent No. 4 for establishing the industrial unit in the said park. The oral representation made by the petitioners to the respondents - authorities for cancellation of the lease deed did not fructify. If the 4th respondent is allowed to establish the industrial unit of molasses nature, it emanates bad odour resulting in pollution of air and water thereby causing health hazards.

( 5 ) THE State is under a constitution a lobligation to take steps to protect and maintain ecological balance for the well being of its citizens. The respondents- authorities in the instant case have not exercised the power to meet the spirit and object of the environmental protection but have exercised the power in arbitrary and capricious manner and in violation of Art. 21 of the Constitution of India as right to clean environment and healthy life is also an integral part of the right to life guaranteed under Aticle 21 of the Constitution. The action of the respondents in converting, demolishing the beautiful public park is unauthorized and without any sanction of law. The park should not be allowed to be used for purposes other than recreation, as the parks are lungs of the cities. It is the statutory duty and function of the local authority to see that the health and hygiene of the general public is maintained. The action of the respondents is in violation of the provisions of the Envi

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