Andhra Pradesh High Court - Amravati
M/S S G S Constructions vs The State Of Andhra Pradesh on 28 April, 2022
Author: C.Praveen Kumar
Bench: C.Praveen Kumar
THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR
AND
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NOs.12108, 13318 and 23053 of 2021
COMMON ORDER:(per the Hon'ble Sri Justice C.Praveen Kumar) Since all the Writ Petitions are inter-connected, they are disposed of by the common order, taking Writ Petition No.12108 of 2021 as a lead petition.
2. Heard Sri V.R.N. Prashanth, learned counsel representing Indus Law Firm for the petitioner and Sri V.Surendra Reddy, learned Standing Counsel for the Pollution Control Board.
3. The present Writ Petitions are filed challenging the action of the respondents in demanding additional fee for issuance of Consent for Operation (CFO) by invoking the terms of the G.O.Ms.No.13, Environment, Science & Technology Department, dated 26.02.2021 (For short 'G.O.No.13) retrospectively as illegal, arbitrary and violation of Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the respondents to process the petitioner's applications for issuance of CFO as per the fee structure given in G.O.Ms.No.157, Environment, Science & Technology Department, dated 22.11.1997.
4. As seen from the averments mentioned in the affidavit filed in support of the Writ Petition, the petitioner herein made an application to the Assistant Director, Mines and Geology, Ananthapuramu, for grant of quarry lease for Road Metal, Building Stone, M.Sand and gravel, over an extent of 4.0 Hectares in Sy.No.69 of Muktapuram Village, Kanganapalli Mandal, 2 Ananthapuramu District for a period of 10 years. The Assistant Director of Mines and Geology, Ananthapuramu recommended grant of the quarry lease to the petitioner duly following the procedure under Andhra Pradesh Minor Mineral Concession Rules, 1966. Thereafter, the Deputy Director of Mines and Geology, Ananthapuramu, after careful examination of the recommendation, decided in principle to grant the quarry lease in favour of the petitioner subject to fulfilment of certain conditions vide proceedings dated 09.03.2021.
5. It is further further stated that in order to fulfil the said conditions stipulated therein, the petitioner herein made an application seeking Consent for Establishment (CFE) and Consent for Operation (CFO) from the 2nd respondent-Andhra Pradesh State Pollution Control Board for operating the said quarry situated at Survey No.69/1, Mukthapuram Village, Kanaganpalli Mandal, Ananthapuramu District as per the procedure prescribed under G.O.Ms.No.157, Environment, Science & Technology Department, dated 22.11.1997. Initially, CFE was issued vide proceedings dated 09.02.2021 for a period of seven years. Thereafter, the petitioner applied for CFO vide application dated 16.02.2021 by paying the relevant fee, which was not accepted and instead a letter dated 07.03.2021 came to be issued by the 4th respondent directing the petitioner to pay the balance fee of Rs.14,86,315/- towards issuance of CFO. The said proceedings came to be issued in view of the changed structure as per the terms of G.O.No.13, dated 26.02.2021. The said action lead to filing of the present Writ Petition.
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6. By an order dated 28.06.2021, this Court passed the following order:
"It is submitted on behalf of the petitioner that the application for Consent for Operation (CFO) was submitted on 16.02.2021 and fee of Rs.10,000/- was paid as per the extant rules. By G.O.Ms.No.13 dated 26.02.2021, the fee required for submission of such application was enhanced. A plain reading of the said G.O. shows the order would apply from the date of its publication. Relevant portion of the notification reads as follows:
"The revised rates of consent fee payable by the Oil and Gas sector, mining projects/facilities/activities etc., shall come into force from the date of publication of this notification."
It is contended notwithstanding such fact the Department is seeking to realise the enhanced fee from the petitioner.
Learned counsel appearing for the respondent- Pollution Board submits that the Board has authority to enhance and impose the enhanced fees for processing the application.
We have considered the materials on record. Jurisdiction of the Board to impose a fee for processing the application for Consent For Operation (CFO) cannot be doubted. However, the Government Order unequivocally states that the enhancement of fees would take effect from the date of the publication of the notification. In the present case, the petitioner had already submitted its application with requisite fees prior to the publication of the notification. Hence, a prima facie case that the enhanced fee structure is not retrospective has been made out. Accordingly, writ petition is admitted.
Rule nisi. Call for records.
Respondents are directed to file counters. 4 Matter will appear eight weeks hence.
In the meantime, respondent No.3 shall process the application for CFO and pass appropriate orders thereon subject to the result of the writ petition."
7. Counter came to be filed by the respondents disputing the averments made in the affidavit filed in support of the petitions, but however, during the course of the arguments, Sri V. Surendra Reddy, learned Standing Counsel for the Pollution Control Board submitted that since the application of the petitioners which is the subject matter of the dispute in the present writ petitions were made prior to issuance of G.O.No.13, dated 26.02.2021, the authorities are not collecting the enhanced fee in terms of G.O.No.13 dated 26.02.2021.
8. Having regard to the above, the Writ Petitions are allowed permitting the respondents to process the applications filed by the petitioners in the Writ Petitions in terms of G.O.Ms.No.157, dated 22.11.1997. There shall be no order as to costs.
9. Miscellaneous petitions pending, if any, shall stand closed.
_______________________________ JUSTICE C.PRAVEEN KUMAR [[[[ _____________________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 28.04.2022 MP 5 211 THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NOs.12108, 13318 and 23053 of 2021 DATED: 28-04-2022 MP