Andhra Pradesh High Court - Amravati
M/S. Zuari Cement Ltd., vs The State Of Andhra Pradesh, on 5 May, 2021
Bench: Joymalya Bagchi, M.Ganga Rao
Eee _ '* , RADESH AT AMARAVATI aT OF ANDHRA P iON IN THE HIS Oe SAL ORIGINAL JURISDICTION) Y ETH DAY OF MA AY, THE FIFTE ONE wo FOUSAND AND TWENTY PR STICE JOYMALYA BAGCHI , SRI JUS _ THE HONOURABLE . URABLE SRI JUSTICE M N NO: 9588 OF 2021 GANGA RAO THE HONO RIT PETITIO | ne untla, YSR Kadapa District, "G a Nag Bhushan Rao,. S/o. guntla Plant, R/o. een: Betw Mis. Zuari Ceme h it Represented throug Ganta Chitti Babu, Aged abou 2 Krishna Nagar, Mandal - Yerrag nt Ltd., Krishna Nagar, Ye . , ant ized person, Mr. Gan : 'pout 53 years, Unit Head of Yerra istrict-516311. tla, YSR Kacape District S18 . Petitioner AND 4. The State of Andhra Pradesh, Rep., by its Princip iti rtment, Secretariat, Amaravau, Stel or 2 Sai en pradesh Pollution Control Board (APPCB), Rep. throug ' Se retary, D.No.33-26-14 D/2. Near Sunrise Hospital, Pushpa Hotel Centre, 5ec , D.No. , D/2, ibai ij ada-520010. . i t, Kasturibaipet, Vijayawada-5 ; ; 3 ora sional offer APPCB, Kadapa, D.No.1/2277, 2" Floor, Rajiv Park Road, A-P, Housing Board Colony, Kadapa, YSR District- 516003. al Secretary (Environment), Velagapudi, Guntur District. _..Respondents ; ituti hat in the Petition under Article 226 of the Constitution of India praying t 'cirounstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction or writ more particularly one in the nature of Writ of . Mandamus declaring the 2™ respondents Order No.637/APPCB/HO/UH-I/TF/ TPT/2021, dated 23-04-2021 as arbitrary illegal, null and void and contrary to the Section 31A of Air Pollution Act and Section 33A-of The Water Pollution Act and to set aside the same as violative of Article 14 and 19 (1)(g) of The Constitution of India. IA NO: 4 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to permit the Petitioner to continue the plant operations by staying the operation of the Closure Order. served by the Respondent No. 2 vide order No. 637/APPCB/HO/UH-II/T F/TPT/2021, dated 23-04-2021, pending disposal WP 9588 of 2021, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Venkateswara Rao - Gudapati, Advocate for the Petitioner and of GP for Endowment for Respondent No.1, Sri Surendar Reddy, Standing Counsel for Respondent Nos.2 & 3, the Court made the following. ORDER:
[Proceedings taken up through Video Conferencing] Registry is directed to incorporate name of learned Government Pleader for Environment in place of learned Government Pleader for Endowment in the daily cause list.
Learned counsel appearing for the petitioner submits that the petitioner cement manufacturing unit is functional from 2017. Without giving adequate opportunity to comply with the alleged deficiencies, impugned closure order was passed.
quality is within permissible limits. In view of the aforesaid facts, Particularly the petitioner, and as the petitioner unit is an stoppage may affect lives and livelihood of a number of persons, we direct interim suspension of the closure order till 25.06.2021, - the assurance given on behalf of ongoing concern Whose abrupt | We further direct the 3" respondent shall make inspection of the unit in the first week of June, 2021, after due notice to the petitioner, and submit report before this Court with regard to compliance of alleged deficiencies. Post this matter on 21.06.2021. oo Counters shall be filed inthe meantime." s |). ._ __ MA, Sd/-K.TataRao ASSISTANT REGISTRAR TRUE COPY// | 7 SECTION OFFICER *o, ee
1. The Principal Secrétary (Environment), Environment Department, State of Andhra Pradesh, Secretariat, Amaravati, Velagapudi, Guntur District.
2. The Secretary, Andhra Pradesh Pollution Control Board (APPCB), D.No.33-26- 14, D/2, Near Sunrise Hospital, Pushpa Hotel Centre, Chalamalvari Street, Kasturibaipet, Vijayawada-520010. ; The Regional Officer, APPCB, Kadapa, D.No.1/2277, 2" Floor, Rajiv Park Road, A.P. Housing Board Colony, Kadapa, YSR District- 516003 (1 to 3 by RPAD) One CC to Sri. Venkateswara Rao Gudapati, Advocate [OPUC] One CC to Sri Surendar Reddy, Standing Counsel [OPUC] Two CCs to GP for Endowment, High Court of Andhra Pradesh. [OUT] Two spare copies.
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