Jonnalagadda Guru Murthy v. District

The petitioner, in paragraph 3 of his affidavit, would assert that the 3rd respondent was carrying on business in collection of iron scrap, used glass and glass bottles from across the Rajahmundry city and surrounding places; he was stocking and processing such materials in the premises bearing D.No. 23-20-32/11, Lalithanagar in the 1st respondent Municipal Limits; the 3rd respondent had engaged about 20 workers in moulding iron tins and scrap into crushed form of bundles for the convenience of transport; in that process the workmen of the 3rd respondent used to hit iron drums and scrap with heavy hammers from which noise emanated; that noise was spreading to the neighbourhood of about one furlong; the petitioner and his family and neighbours were not able to bear such noise pollution; the respondent was breaking glass bottles into pieces for being packed and transported to purchasers; in the said process broken glass pieces were being spilt every where on the public road and on the neighbouring sites including the petitioner’s site; dust was emanating and there was irritating smell and offensive odors when the chemical material left over in the used bottles was exposed to open air. -2- The petitioner would also state that the 3rd respondent was parking vehicles on the road for loading and unloading purpose; the noise emanating from vehicular movement and throwing of bundles and packages, while loading and unloading, was also causing serious public nuisance.

In view of these assertions, I consider it appropriate to call for a report from respondents 1 and 2 with regard the noise pollution levels arising from the business carried out by the 3rd respondent in the shop referred to hereinabove. Respondents 1 and 2 shall monitor the noise levels for a period of one week at different points of time and submit a report to this court on or before 23-04-2010. List the writ petition on 26-04-2010. Sri A. Vishnuvardhan Reddy, learned Standing Counsel for respondents 1 and 2 is present in Court and undertakes to inform respondents 1 and 2 of their obligation under this order. // TRUE COPY // ASSISTANT REGISTRAR for ASSISTANT REGISTRAR To 1 The Commissioner, Municipal Corporation of Rajahmundry, Rajahmundry, East Godavari District. 2 The Health Officer, Municipal Corporation, Rajahmundry, East Godavari District. ( 1 & 2 BY SPEED POST/RPAD) 3 Rokkam Srinivasa Rao, S/o. Surya Rao, Proprietor, Kiran Traders, H.No. 23-20-27/4, Lalitha Nagar, Rajahmundry, East Godavari District. (BY RPAD)

One C.C.to Sri M. Vijay Kumar Advocate. (OPUC)

One C.C.to Sri A. Vishnuvardhan Reddy, Advocate. (OPUC)

one C.C.to Sri K.Venkatesh Advocate. (OPUC)

one spare copy. HIGH COURT RR.J DATED 8-04-2010 LIST THE W.P. ON 26-04-2010 ORDER W.P.NO. 6844 OF 2009 DIRECTION Bsr Dt. 9-4-2010 HIGH COURT RR.J DATED 8-04-2010 LIST THE W.P. ON 26-04-2010 ORDER W.P.NO. 6844 OF 2009 DIRECTION