ORDER:

Questioning the inaction of the respondents 1 to 4 in considering the petitioners9 objections dated 28.06.2021 against the grant of license to the 5th respondent, for life time, for the aquaculture farm in land of an extent of Ac.3.93 cents in Sy.Nos.60-1 and 6-2 of Mallipudi village, Penumantra Mandal, West Godavari District as illegal and arbitrary and for a consequential direction to the respondents to consider the petitioners9 objections, the present writ petition is filed.

Heard learned counsel for the petitioners, learned Assistant Government Pleader for Fisheries appearing for respondents 1 to 4 and learned counsel appearing for the 5th respondent.

The case of the petitioners is that they were allotted house site pattas under Navaratnalu-pedalandariki illu programme. They are residents of Indiramma Phase-I in R.S.No.57, 58 of Mallipudi Village, Penumantra Mandal, West Godavari District. The petitioners9 houses were assessed to tax and they are accordingly paying house tax to Mallipudi Gram Panchayat. While things stood thus, the 5th respondent, who is the owner of adjacent land of an extent of Ac.3.93 cents in RS.No.60-1 and 60-2, started digging the land on the Eastern side of petitioners9 houses to convert the land into aquaculture farm. On the objections raised by the petitioners, the Tahsildar and revenue officials stopped the conversion of land by the 5th respondent. The 5th respondent proclaimed that he got license from the respondents, for life time, under the provisions of the Andhra Pradesh State Aquaculture Development Authority Act, 2020 [for short, 8the AP SADA Act9]. Therefore, the petitioners approached the 2nd respondent, on 28.06.2021, along with a representation raising objections regarding conversion of agricultural land into aquaculture farms and stating that in the event of cultivating aquaculture farms near the residence of the petitioners, they have to face health hazards and their lives would be in danger. However, without following the procedure as contemplated under the guidelines issued in G.O.Ms.No.7, dated 16.03.2013, and without inviting any objections or conducting enquiry, the respondent authorities granted impugned license to the 5th respondent for conducting fish culture in his land of an extent of Ac.3.93 cents situated in RS.No.60-1 and 60-2. The respondent authorities have not considered the objections of the petitioners, which is illegal, arbitrary and contrary to the guidelines issued in GO.Ms.No.7.

Hence, the present writ petition is filed.

Sri Sai Gangadhar Chamarty, learned counsel for the petitioners, vehemently submits that the impugned license is granted to the 5th respondent to conduct fish culture adjacent to the residence of the petitioners, who are granted house site pattas under Navaratnalu-pedalandariki illu programme. If the aquaculture farms are continued near the residence of the petitioners, they have to live in unhealthy environment and bad smell will emanate from the ponds. There is every chance of mosquitoes and reptiles surrounding the aquaculture farms. It is not congenial for them to live therein without any medical assistance, thereby the petitioners fundamental right to live in healthy atmosphere is affected. The action of the respondent authorities in granting license to the 5th respondent to conduct aquaculture in the residential locality and in non aqua culture zone is violative of the provisions of Articles 14 & 21 of the Constitution of India.

The 3rd respondent filed counter stating that the District Level Implementation Committee appointed under the provisions of the AP SADA Act granted license to the 5th respondent under sub-rule (6) of Rule 12 of the Rules framed under the said Act, on 02.06.2021, in respect of land of an extent of Ac.3.92 cents covered by R.S.No.60-1, 60-2 of Mallipudi village of Penumantra Mandal, West Godavari District, which falls within aqua zone. The aqua tanks are located at a distance of 45 meters from the habitats of the p