The establishment of an industrial unit in a residential area requires the concerned authorities to issue notices and consider objections from local residents and neighbors to ensure compliance with zoning and environmental norms.

ORDER:

The writ petition is filed seeking the following relief:-

“to issue writ order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondent Nos.2 & 3 in granting permission vide Lr.D.Dis.No.01/2019/DTCPO/GDWL 3.1.2020 and Order No.1/Ack/TSPCB/RO-Hyd/2020, dt.29.2.2020 respectively to the 5th & 6th respondents for establishing the Rice Mill within the residential locality of Sy.No.270 of Nandinne Village, Ketidoddi Mandal, Jogulamba Gadwal District is illegal, arbitrary and contrary to the provisions of the Panchayat Raj Act & DTCP Rules declare the same as illegal, arbitrary and violation of the provisions of the Panchayat Raj Act as well as Town Planning Rules and pass”

2. Heard learned counsel appearing for the petitioners, learned Government Pleader for Municipal Administration appearing for respondent Nos.1 and 2, Sri Zeeshan Adnan Mahmood, learned Standing Counsel for Pollution Control Board appearing for respondent No.3, Sri Pradeep Reddy Katta, learned Standing Counsel appearing for respondent No.4 and Sri B.Ravindranath, learned counsel appearing for respondent Nos.5 and 6.

3. The brief facts of the case are that all the petitioners are residents of Nandinne Village. The 5th respondent has applied for conversion of agriculture land to an extent of Ac.3.30 guntas in Sy.Nos.270, 273 and 274 into non-agriculture. After obtaining permission, the 5th respondent has prepared lay out. The 1st petitioner has purchased plot in the said lay out and constructed a house and residing in the said house. In the said survey numbers, some people have also constructed houses and residing therein. In collusion with the official respondents, the 5th respondent has obtained permission and constructed rice mill by installing machinery.

4. Learned counsel for the petitioners contended that without obtaining pollution certificate, the 5th respondent has constructed the rice mill in the residential locality, which would affect the health condition of the people residing in the said lay out. Based on the approval granted by the 2nd respondent, without verifying the situation at ground level and without considering the objections raised by the petitioners, the 3rd respondent has granted permission to the 5th respondent to construct a rice mill.

5. Counter-affidavit has been filed on behalf of respondent Nos.5 and 6 stating that the 5th respondent has obtained all the necessary permissions required for construction of the rice mill. It is further submitted that earlier, the 5th respondent has filed WP.No.19431 of 2019 and some of the petitioners herein have filed W.P.No.20123 of 2019 and this Court vide common order dated 08.02.2021 disposed of the writ petitions by directing the petitioner (5th respondent) in W.P.No.19431 of 2019 to submit a detailed representation by duly enclosing all the necessary permissions, which he has obtained from the authorities concerned for construction of Rice Mill and on such representation being made, the petitioners in W.P.No.20123 of 2019 were permitted to file their objections, if any, for establishment of rice mill and after receiving the explanation to the said objections from the petitioner in W.P.No.19431 of 2019, the respondent-Gram Panchyat, Nandinne Village shall consider the entire case afresh and pass appropriate orders in accordance with law. Till the Gram Panchayat, Nandinne Village, passes orders, status quo obtaining as on date shall be maintained by all the parties concerned.

6. Learned counsel for respondent