APHC010431292023 Bench Sr.No:-14 IN THE HIGH COURT OF ANDHRA PRADESH [3552]

AT AMARAVATI WP(PIL) NO: 19 of 2024 Botta Somaraju ...Petitioner Vs.

The State Of Ap and Others ...Respondent(s)

**********

Advocate for Petitioner: Mr.SOMASEKHAR VADDI Advocate(s) for Respondent(s): Mr.P HEMACHANDRA, Mr.BOLLA VENKATA RAMA RAO SC For APPCB, CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE CHALLA GUNARANJAN DATE : 17th December 2025 ORDER: (per Hon’ble Sri Justice Challa Gunaranjan)

The present writ petition has been instituted under the guise of Public Interest Litigation, questioning the inaction on the part of respondents 1 to 4 in taking action against the 5^th respondent Industry, which alleged to have been causing severe pollution on account of operation of the thermal power plant at Palavalasa, Parawada Mandal of Visakhapatnam District, to be arbitrary and illegal.

2. (a) Petitioner is resident of Pedagantyada, Nakkavanipalem, Palavalasa, Devada, Visakhapatnam and the said village stated to have population of around 200, who predominantly depend upon agriculture, rearing cattle and dairying for their livelihood.

(b) The 5^th respondent had established thermal power plant with capacity of 1040 MW (2 X 520 MW) at Palavalasa. In the process, it had been granted consent to operate by orders dated 21.03.2023, which is valid up to 28.02.2026. After commissioning of aforesaid power plant in the year 2016, the villagers stated to have been constantly noticing contamination of groundwater, besides increase in the air pollution. The pollution so caused has been mainly attributed to the ash ponds, which were maintained in the industry. The respondents stated to have conducted meeting with villagers at Nakkavanipalem on 12.04.2023 in order to ascertain whether 5^th respondent Industry emitting pollution beyond the permissible limits.

(c) It is further stated that during the inspection conducted from 13.04.2023 to 14.04.2023, it was found that Ambient Air Quality (AAQ) far exceeded the optimum permissible levels, which was mainly on account of the ash ponds maintained by the Industry. Likewise, even the groundwater results also have indicated water pollution norms such as Total Dissolved Solids (TDS), Total Hardness (CaCO ), Chloride(Cl), Calcium (Ca) and Magnesium (Mg), exceeding potable water standards. In fact, aforesaid inspection ultimately resulted in 4^th respondent issuing show- cause notice dated 15.04.2023 to the 5^th respondent Industry, pointing out several short falls in handling the pollutants and not meeting the norms and standards specified by A.P. Pollution Control Board.

(d) In this background, the present PIL has been instituted questioning the action of official respondents in dealing with the issue of pollution, which is being caused by 5^th respondent, which has larger ramifications on the people who have been living in and around the locality. The petitioner also sought for direction to the respondent to come up with rehabilitation and resettlement for such of those people living in the affected village for the purpose of relocating them to a safer place.

3. (a) The 4^th respondent, Environmental Engineer of A.P. Pollution Board filed counter inter alia stating that 5^th respondent has established thermal plant and it has been issued consent to operate by consent order dated 21.03.2023, which was issued in exercise of powers under Section 25/26 of Water (Prevention & Control of Pollution) Act, 1974 r/w Section 21/22 of Air (Prevention & Control of Pollution) Act, 1981, valid up to 28.02.2026 and that the 4^th respondent has been monitoring the operations of thermal plant to ensure that it is in compliance with the pollution norms envisaged under respective Regulations and Rules issued in that regard from time to time.

(b) It is further stated that on account of complaints made by some of the villagers, the 4^th respondent along with Revenue Divisional Officer (RDO), Visakhapatnam, officers of Ground Water Department, Pollution C