HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
PUBLIC INTEREST LITIGATION No.172 OF 2014
DATED: 22.09.2014 Between:
Dr. R.S.Ratnakar … Petitioner And Union of India and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR PUBLIC INTEREST LITIGATION No.172 OF 2014
ORDER: (per the Hon’ble Sri Justice Sanjay Kumar)
This Public Interest Litigation was filed by a resident o f Nagaram Village in Mammidikoduru Mandal, East Godavari District with the following prayer:
“For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to issue an appropriate writ more in the nature of Writ of Mandamus declaring the inaction on part of the Respondents to take necessary steps and measures for preventing the leakage of gas from the lines laid by the GAIL and ONGC passing through Nagaram and surrounding villages of Mamidikuduru (Mandal) of East Godavari District, as being arbitrary, illegal and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents to shift the GCS from Tatipaka, Nagaram, EG Dist, to a place away from habitation and for strict maintenance of Pipelines to prevent the accident on gas leakage and further to take all precautionary and preventive measures for the safety of the people of Konaseema region and issue such other writ or order or direction as deemed fit and proper in the circumstances of case.”
The second respondent filed a counter-affidavit detailing the measures being taken up by the Gas Authority of India Limited in the context of the mishap that occurred recently.
The learned counsel for the petitioner states that in the light of the measures that are proposed to be taken by the Gas Authority of India Limited, no further orders need to be passed by this Court. He however pointed out that no timeframe has been fixed by the Gas Authority of India Limited with regard to the speedy execution of the suggested measures.
Sri E.Manohar, learned Senior Counsel appearing for the Gas Authority of India Limited, states that the supply through the pipeline in question has been stopped and would not be resumed until necessary safeguards are put in place as stated in the counter-affidavit.
With this undertaking, we close the Public Interest Litigation. The Gas Authority of India Limited shall take all possible steps expeditiously to implement the safety measures detailed in the counter-affidavit so as to protect life and property in the surroundings of the pipelines through which gas is being supplied.
Pending miscellaneous petitions, if any, shall stand closed in the light of the aforesaid order. No order as to costs.
22nd SEPTEMBER, 2014.
K.J. SENGUPTA, CJ SANJAY KUMAR, J kvni