The court emphasized the importance of enforcing regulations under the APSADA Act, 2020 and related rules to address unauthorized aquaculture activities.

COMMON ORDER

V.Sujatha, J. - The writ petitioner in W.P.No.19974 of 2023 has filed the present writ petition challenging the inaction of the respondents in not taking further steps against the respondent Nos.6 to 9 though a final notice dated 14.07.2023 has been issued to the respondent Nos.6 to 9, including the 7th respondent who is the petitioner in W.P.No.16827 of 2023. Therefore, I am of the view that it is appropriate to decide both the petitions by common order taking Writ Petition No.19974 of 2023 as leading petition.

2. W.P. No.19974 of 2023 came to be filed under Article 226 of the Constitution of India seeking the following relief:-

'....to issue a writ or order more particularly one in the nature of Writ of Mandamus declaring the action of the 5th Respondent in not taking further steps against the Respondents Nos.6 to 9 for continuing the aqua culture with salt water despite issuance of final notice dated 14.07.2023 as illegal, arbitrary, colorable exercise of power violation of Article 14 and 300 A of the Constitution of India and consequently direct the 5th Respondent to ensure that the Respondents No.6 to 9 do aqua culture using fresh water only as stipulated under the statute and the permissions granted and pass such.'

3. The petitioner herein is the owner of the lands situated in Sy.Nos.683/4, 744/7, 690, 742/2 admeasuring to an extent of Acs.3.23 cents in total, which consists of coconut groves. While the matter stood thus, few of the abetting landowners have obtained necessary permissions from the statutory authorities for cultivation of aqua culture with fresh water, but, the said individuals including the respondent Nos.6 to 9 have started digging bore wells and have started aqua culture using salt water, due to which the coconut groves situated in the petitioner's land are being affected.

4. The grievance of the petitioner is that though he has requested the unofficial respondent Nos.6 to 9 not to dig bores, the same has been dug by the unofficial respondents, which action is contrary to the permissions granted to them. As such, the petitioner has submitted various representations to the respondent authorities on 18.10.2021, 05.06.2023, 19.06.2023, 26.06.2023 and 10.07.2023 requesting to conduct appropriate enquiry and to take appropriate action on the unofficial respondents, in pursuance of which, the official respondents on 12.07.2023 have visited the subject lands and found that the respondent Nos.6 to 9 are doing aqua culture with salt water.

5. Subsequently, the respondent authorities have issued notice dated 13.06.2023 to the respondent Nos.6 to 9 herein, challenging which, the 7th respondent herein has filed W.P.No.16827 of 2023 before this Court, wherein an interim order was granted on 12.07.2023 as under:

"...Considering the submissions made by the learned counsel for both the parties, there shall be an interim direction to the respondent Nos.2 to 6 not to interfere with the peaceful possession and enjoyment of the petitioner's property in an extent of land Ac.2.4 cts. In kata No.194 in Sy.No.689-1 and for an extent of land Acs.2.23 cts. in kata No.1404 in Sy.No.689-1, 745-1 and 745-3, Kesanakurrupalem Village, I Polavaram Mandal, Dr. B.R.Ambedkar Konaseema District, pending further orders.'

6. Subsequently, the respondent authorities have issued a final notice dated 14.07.2023 wherein it is stated as under:

'Therefore, considering this notice as final notice, you are hereby informed that within 4 days of receipt of this notice, you should completely remove the salt water from the shrimp ponds and fish culture should be done only with good water as per the rules and the salt water bores should be removed completely. This is to inform that if you do not comply with these points, appropriate action will be taken against you as per the provisions of APSADA Act-2020.'

7. The main grievance of the petitioner is that though the time stipulated in the final notice dated 14.07.2023 had lapsed, no further steps were