Venkata Srinivasa Enterprises vs. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI & THE HON'BLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO

WRIT PETITION No. 1781 of 2023

JUDGMENT: (per Hon'ble Sri Justice Ravi Nath Tilhari)

Heard Sri Kallemu Vijaya Raju, learned counsel for the petitioners and the learned GP for Environment and Forests, appearing for the 1st respondent.

2. Sri B. Surender Reddy, learned counsel, has accepted the notices for the respondents No.2 & 3, but there is no representation.

3. The petitioners are challenging the show cause notice and 17.12.2022 and review/hearing notices dated 07.01.2023 and 13.01.2023.

4. The show cause notice dated 17.12.2022 was issued under Section 33 (A) of the Water (Prevention & Control of Pollution) Amendment Act 1988 and under Section 31 (A) of the Air (Prevention & Control of the Pollution) Amendment Act, 1987 besides prosecution under Section 44 of Water (Prevention & Control of Pollution) Act, 1974 & under Section 37 of the Air (Prevention & Control of Pollution) Act, 1981 for (i) operation of the Industry without obtaining acknowledgment/permission from A.P. Pollution Control Board/GM, DIC for operation of the industry; and (ii) operating the industry in the midst of the residential area and causing air pollution and noise pollution to the surrounding residential habitation, in the interests of protecting public health and environment and levying environmental compensation for the lapses on the part of the petitioners.

5. The petitioners are running Dal Mill and for the alleged violations as mentioned in the show cause notice the said notice has been issued calling upon the petitioners' explanation.

6. The petitioners have submitted reply/explanation on 26.12.2022.

7. Thereafter a notice dated 07.01.2023 has been issued providing the opportunity to the petitioners to appear before the External Advisory Committee on 13.01.2023 to provide opportunity of hearing with all necessary information which date and time was rescheduled for 27.01.2023, by means of subsequent notice dated 13.01.2023, on the request of the petitioners.

8. Learned counsel for the petitioners submits that the petitioners want to appear before the External Advisory Committee pursuant to the notice dated 13.01.2023, but the date fixed is today itself and if any other date is fixed by the 3rd respondent the petitioners would appear before the said Committee.

9. Since the respondents No.2 & 3 have issued the show cause notice, to which the petitioners have already submitted reply and the dates are fixed to provide hearing to the petitioners as also to submit necessary information, at this stage, we are not inclined to entertain the writ petition against the show cause notice to run the parallel proceedings and particularly when the petitioners' counsel has not been able to point out any jurisdictional error either in issuance of the show cause notice or in conducting the proceedings.

10. Learned counsel for the petitioners submits that after the petitioners' reply some reports have been filed favouring petitioners' contention that there

is no air or noise pollution and consequently further proceedings should have been dropped.

11. We are not impressed with the aforesaid submission inasmuch as even if some reports are filed as contended it is for the authority to consider the same while deciding the matter finally.

12. Therefore, without entering into the merits of the grounds, in the show cause notice as also in the petitioners' reply, we dismiss the writ petition against the show cause notice, however, granting liberty to the petitioners to apply for extension of time before the 3rd respondent for fixing another date for hearing before the External Advisory Committee, if any final order has not been passed, as the date fixed before the External Advisory Committee is today's date at 11.30 a.m.

13. The Writ Petition is accordingly dismissed with the observations and liberty, as aforesaid. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed in consequence.

_______________________ RAVI NATH TILHARI, J

VENUTHURUMALLI GOPALA KRISHNA RAO, J

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Date: 27.01.2023 Dsr