Item No.1:-

BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Thursday, the 27^th day of March 2025.

[Through Physical Hearing (Hybrid Option)]

Original Application No.121 of 2023 (SZ)

IN THE MATTER OF P. Chennaiah Male, Aged 52 years, S/o. P. Venkataramaiah, 2-147, Jangam Palli, Kalikiri, Chittoor, Andhra Pradesh – 517 234.

…Applicant (s)

Versus

1. The Sub Collector Office of Sub Collector, Madanapalle, Annamaiya District, Andhra Pradesh – 517 330.

2. The District Fire Officer Opposite to Collector Office, Masapet, Rayachoti, Annamaiya District, Andhra Pradesh – 516 270.

3. The District Revenue Officer Masapet, Rayachoti, Annamaiya District, Andhra Pradesh – 516 270.

4. Senior Manager Hindustan Petroleum Corporation Limited Nellore Retail Regional Office, D-No.16-15-986-2, 2^nd Floor, Aarvee House, Children’s Park Main Road, Near Krishna Mandiram, Nellore – 524 002. 5. K. Shahjahan S/o. K. Khadar Saheb, Kalikiri Village & Mandal.

6. Kamuluri Babasaheb S/o. Khadar Sahab, 3-146-14-5 C-3, Chowdeswari Nagar, Neerugattuvari Palli, Madanapalle, Annamaya District, Andhra Pradesh.

7. Andhra Pradesh Pollution Control Board Rep. by its Chairman, Dr. YSR Paryavaran Bhavan, APIIC Colony Road, Gurunanak Colony, Autonagar, Vijayawada – 520 007.

(R6 & R7 were Suo Motu impleaded as per Order dt.02.09.2024)

...Respondent(s)

For Applicant (s): M/s. D. Prasanna, M.K. Thanganila, P. Arasammal, A. Gomathi and W.R. Subhashini.

For Respondent(s): Mrs. Madhuri Donti Reddy for R1 to R3 & R7.

Mr. Abdul Saleem, Sr. Adv. a/w.

For M/s. AAV Partners, M. Vijaya Mehanath, Mr. S. Saravanan, Mr. E. Karthikeyan and Mr. R. Suresh for R4.

M/s. Y. Prakash, R. Vinoth Kumar, R. Sidharth & N. Sanjeev Kumar for R5 & R6.

Judgment Reserved on: 28^th February, 2025.

CORAM HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER

J U D G E M E N T

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. The applicant, who is a small farmer and social worker and also a resident of Kalikiri Village, Andhra Pradesh, filed this present Original Applicant, alleging environmental violations linked to the Kalikiri Irrigation Project.

2. It is alleged in the application that the 6^th Respondent (wrongly mentioned as 5^th Respondent) unlawfully obtained a No Objection Certificate (NOC) to construct a petroleum retail outlet on land parcels comprised in Survey Nos.342 and 342/1, measuring 0.51 Acres and 0.34 Acres, respectively, and Katta No. 1192. The site is located within 50 meters of water bodies connected to the Kalikiri Irrigation Project, which is in violation of Central Pollution Control Board (CPCB) Guidelines. The disputed site is located near the Kalikiri Irrigation Project’s reservoir, a critical resource for irrigation, drinking water, and fisheries supporting over 5,000 families.

3. The construction of a petroleum retail outlet poses risks of petroleum spillage, threatening the water source and jeopardizing local agriculture, drinking water supply, and cattle-

rearing activities.

4. Despite repeated complaints to the authorities concerned, no action has been taken. Hence, the applicant has no other option but to approach this Tribunal, seeking intervention to revoke the NOC granted to the 6^th Respondent.

5. The applicant has originally impleaded the 5^th Respondent/K. Shajahan, who is the owner of the property in dispute. However, during the pendency of the matter, one Mr. Kamuluri Babsaheb, who is a dealer of the 4^th Respondent (M/s. HPCL) and the Andhra Pradesh Pollution Control Board (APPCB were Suo Motu impleaded by this Tribunal as additional Respondents No.6 and 7 respectively, vide Order dated

02.09.2024.

6. Upon notice, the respondents have entered appearance through their counsels and filed their respective pleadings.

7. The 3^rd Respondent, who is the District Revenue Officer, Annamayya District, filed a report dated 08.07.2024, stating that upon enquiry, it was established that the land in Survey No.342/1 is privately owned b