Andhra Pradesh High Court - Amravati
M/S. Zuari Cement Ltd., vs The State Of Andhra Pradesh, on 29 November, 2022
Author: M.Ganga Rao
Bench: M.Ganga Rao
THE HONOURABLE SRI JUSTICE M.GANGA RAO
AND
THE HONOURABLE SRI JUSTICE VUTUKURU SRINIVAS
WRIT PETITION No.9588 OF 2021
ORDER:(per Hon'ble Sri Justice M.Ganga Rao) The petitioner/M/s.Zuari Cement Limited, Krishna Nagar, Yerraguntla, YSR Kadapa District, filed this Writ Petition, questioning the closure order, vide Order No.637/APPCB/HO/UH-II/TF/TPT/2021 dated 23.04.2021, passed by the 2nd respondent, as arbitrary, illegal, contrary to the provisions of Air Pollution and Water Pollution Act and violative of Articles 14 and 19(1)(g) of the Constitution of India.
2. Heard Sri Venkateswara Rao Gudapati, learned counsel for the petitioner and M/s.Avanija Inuganti, learned counsel for respondent Nos.2 and 3 and learned Government Pleader for Environment for the 1st respondent.
3. This Court by order dated 05.05.2021, considering the facts and peculiar circumstances of the case and assurance given on behalf of the petitioner, and as the petitioner unit is an ongoing concern, whose abrupt stoppage may affect lives and livelihood of a number of persons directly, this Court suspended the closure order till 25.06.2021, while directing the 3rd respondent to make inspection of the unit in the first week of June, 2021, after due notice to the 2 petitioner and submitted report before this Court with regard to the compliance of alleged deficiencies.
4. The Member Secretary of the 2nd respondent filed affidavit stating that as directed by this Court submitted an additional inspection report stating that APPCB had inspected the petitioner unit on 28.03.2022 and 29.03.2022. During the said inspection, it has noticed that the industry has rectified several violations and the remaining are under progress as on the date of the inspection conducted on 28.03.2022 and 29.03.2022 and the petitioner unit had submitted a representation, vide letter dated 21.10.2022 and 23.11.2022, to APPCB requesting for revocation of closure order issued on 23.04.2021 and also states that the Member Secretary, Pollution Control Board, will consider the representation of the petitioner in accordance with law.
5. This Court having considered the facts and circumstances, submission of the learned counsel on both sides, perused the record and in the interest of justice, felt it appropriate to dispose of the Writ Petition itself, instead of keeping the Writ Petition pending, directing the 2nd respondent to consider the representation of the petitioner strictly in accordance with law and pass appropriate reasoned order and communicate the same to the petitioner. 3
6. Accordingly, the Writ Petition is disposed of with the above directions. There shall be no order as to costs.
Miscellaneous petitions pending if any, shall stand closed.
______________ M.GANGA RAO, J _____________________ VUTUKURU SRINIVAS, J Date: 29.11.2022 krs 4 THE HONOURABLE SRI JUSTICE M.GANGA RAO AND THE HONOURABLE SRI JUSTICE VUTUKURU SRINIVAS WRIT PETITION No.9588 of 2021 DATE: 29.11.2022 krs