Telangana High Court
M/S. Suven Pharmaceuticals Limited vs The State Of Telangana And Another on 26 March, 2021
Author: Hima Kohli
Bench: Hima Kohli, A.Abhishek Reddy
Items No.15 and 16
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY
W.P.Nos.4118 & 4143 of 2021
COMMON ORDER:(Per the Hon'ble the Chief Justice Hima Kohli)
1. The present petitions have been filed by the petitioners praying inter alia for declaring the action of the respondent No.2/Telangana State Pollution Control Board in demanding contribution to the corpus fund created by it, in terms of the orders dated 24.10.2017 passed by the National Green Tribunal, Southern Bench, Chennai in a batch of matters, as illegal and arbitrary.
2. At the outset, we have requested learned counsel for the petitioners to address this court on the maintainability of the present petitions when, even as per the impugned order dated 01.02.2021 passed by the respondent No.2/Telangana State Pollution Control Board, payment in the corpus fund is being called upon to be made by the concerned industries in terms of the order of the National Green Tribunal, Southern Bench, Chennai. In our opinion, if the petitioners are aggrieved by the aforesaid action of the respondent No.2/ Telangana State Pollution Control Board, its remedy lies before the National Green Tribunal. Instead, the petitioners are calling upon this court to interpret the order of the National Green Tribunal one way or the other, which is not permissible.
3. We decline to entertain the present petitions. The same are accordingly closed along with the pending applications, if any. It is for the petitioners to approach the National Green Tribunal for clarification of its order dated 24.10.2017 and/or to seek appropriate orders to the effect that they are not under any obligation to contribute to the corpus fund as directed to be created by the National Green Tribunal in terms of the order dated 24.10.2017.
______________________________ HIMA KOHLI, CJ ______________________________ A. ABHISHEK REDDY, J 26.03.2021 LUR/pln