Andhra Pradesh High Court - Amravati
M/S. Hygiene Biomed Services, vs State Of Andhra Pradesh, on 7 July, 2025
[3524]
(SHOW CA[JSE NO"CE BEFORE ADM]SS!ON)
!N THE HIGH COURT OF ANDHRA PRADESH AT AMARAV
(SPECIAL OR!G!NAL JURISDICTION)
MONDAY ,THE SEVENTH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
:PRESENT:
THE HONOURABLE SKI JUSTICE RAVI NATH TILHARI
AND
THE HONOURABLE SRi JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION NO: 16280 OF 2025
Between :
M/s. Hygiene Biomed Services, ll-8-29, Jagannadham Street,
Kothapet, Vijayawada -520001. Rep by its Proprietor, Sri Balia Durga
Prasad
Petitioner
AND
1. State of Andhra PradeshH Department of Environment, Forest, Science
and Technology (SecM),` Rep. by its Special Chief Secretary,
Secretariat, Velagapudi, Amaravati, Andhra Pradesh.
2. Andhra Pradesh Pollution Control Board (APPCB), Rep. by its Member
Secretary, O/o. Paryanavarana Bhavan, APIIC Colony Road`;
Gurunanak Colony, Auto Nagar, Vijayawada -520007.
3. State Level Environment lrLIPact Assessment Authority (SEIAA)7Rep. by
its Member Secretary, O/o.3rd Floor, AP Mark fed Building, APIIC Colony
Road Gurunanak Colony, Auto Nagar, Vijayawada -520007.
4. State Level Environment i'm+pact Assessment Au[hoiity, (SE!AA),Rep.
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by its Member Secretary, 0/0.3rd Floor, AP Mark fed Building, AP'lC
Colony Road, Gurunanak Cc,iony, Auto Nagar, Vijayawada -520007.
5. M/s. Safe Environ Pv{ Ltd, Rep. by ills Director,Having its Unit 1 at
sy.No.164/1A, DharmavaFapLIPadu Thanda (V), Jaggaiahpet (M)I,
Krishna District. Having its -arnother unit at S.No.4 A and B, Chinakakani
(v), Mangalagiri (M), Gun.tutDistrict.
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6. Central Pollution Contrd!`:f Board, Rep. by its Member Secretary,
parivesh Bhawan, East Arju'n Nagar, Delhi-110032.
Respondents
WHEREAS the Petitioner above named through his/her Ac!voca{e
M/s. CKR ASSOCIATES presented this Petition under Article 226 of the
Constitution of India is filed pr?.yi'.ng.that in the circumstances stated in the
affidavit filed therewith, the High`Cour{ may be pleased to issue a writ or order
or direction more particularly in the--`nature of a Writ of Mandamus to adjudge
and declare the recommendationl of Respondent No:3 in 263rd meeting dated
30.05.2025 vide its minutes dated-`~ 03.06.2025 to issue Standard Terms of
Reference (ToR) {o Respondenf`.rid.5 for reioca{ion of its Bio-Medical Waste
Treatment Facility from Dharmavarappadu Thanda, Jaggayapeta MandaI,
. N.T.R District to Industrial Development Area (IDA),. KorldapaIIi, N.T.R. District
the same as wholly illegal, arbitraryi'L.'irratiOnal, Without jurisdiction, contrary tO
the Bio Medical Waste Rules 2016^a`nd the Revised Guidelines for Bio Med-lcal
waste Treatment and Disp6+§a-l€ --`-'Faci'ities Management Common 2025
Environment Protection Act, 1986-?~Water (Prevention and Control of Po!Iu{ion)
Act 1974 and Air (Prevention and''Cdntrol of Pollution Act) 1981, principles of
natural justice besides being `'-ivi6"i-'ative of Article 14 and 19(1)(g) of th6
Constitution of India. I--++<
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AND WHEREAS the High,.a"Court upon perusing the. petition
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and
affidavit/memorandum of ground_s-i, filed
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herein and upon hearing the
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arguments of sri CKR ASSOCIAT:'ES Advocate for the Petitioner, GP for
Environment forest for the RespQ.r].d.en{ No.1,-Sri Yelisetti Sonlaraju, Standing
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Counsel-for thec Respondent No.2..directed issue of notice tO`the`Respondents
herein.to show cause as {o why +lhi§ WRIT PETITION should not be'admitted.
You viz:
The Director, M/s. Safe`-JIEnviron Pvt Ltd, Having its| 'Un`it+ 1.I a€
sy.No.164/1A, Dharmavaf::Supadu Thanda (V), Jaggaiahp`et- (M);
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Krishna District. Ha.ving its another unit at S.No.4 A and B, Chinakakahi
(v'), Mangalagiri (M), Guntur-bist'rict.
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are be`'and hereby directed to,'shQW Cause either appearing -in Pe`rSOn Or
through +an Advocate, as to why..`i.rlllthe circumstances set out-` in the petition
and the memorandum of ground.s`:.filed therewith (copy enclosed)I this WRI+
PETITION should not be admittec! on or before 28.07.2025 on which date the
case stands posted for hearing.
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!ANO:1 OF2025
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petition under section :,1`5,ri-a, CPC •_+ '
is filed praying that `in the
circumstances stalled in the affidavit filed in support of the petit'ion, the High
court may be pleased to grant A,''an interim order directing the respondent
authorities to stay all further-pros;;d'ings pursuant to recommends+lioh rof`3rd
responcient in its minutes dated `d3.o6.2025 to issue standard-ToR; peh'ding-
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disposal of wp No. 16280 of 202'15i -`,on the file of the High Court.
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The Court made the following:`|
ORDER:I.+...
t£The petitioner is ,cha][er]ging the recommendation of the r3rd I,'_I..¢-
respondent state Level EnvirS`.ngrment Impact Asses-smeht -Authority (sE]AA), vi-d6 letters dated 13.05L.2`625 and 03.06.2025, recommeinding th; re]ocati8-n of the 5th respQraedent Limited, M/s. Safe Environ Private Dharmavar:ppadu Thanda (`Y`)L,,`` Jaggaiahpet (M), NTR Di'st'rict, , for ¢r..---` a =: =,.3:* *|_.I.L -
establishment of a common Bio-Medical VbJaste Treatment and Disposal F.acility (CBWTF).
2. Learned counsel-'~foirl the Petitioner Submits that th6\ pet!-tioner's own proposal for esta-blishment in the same area, where the relocation of the 5th respofr!dent I-S recommended, is pending consideration before the 2nd-r~,Fie.a,pondent. !f the said recommendation is accepted by the Board, it wi7Ould have an adverse I-mPaCt On the petitioner's case.
3. Sri Yelisetti Soma-Raju, learned Standing Counsel for the Andhra Pradesh pollution Control Board (APPCB), appearing for respondent No.2, submits that+l'mo final decision has yet been taken by the Board on the saI-d reCOmmendatiom and seeks time to obtain complete instructions and to fiI'6!`:^a counter affI-davit, Subm!-tting further that he has instructions to say:'t-rfe-tat till the filing of the counter affidavit,I:
no final decision shall be tak~eh+-Ion the recommendation made with res,pect to the 5th respondent;I-±¢frE/a. safe Environ Private Limited. -J
4. Issue noticeto the 5th|responcient. 5=
5. IIl additiom to the normal mode of service, the petitioner is permitted to take out pers'ariv-ail notice to the 5th respondents by Registered post and Acknowi€edgment DIJe and file proof of service im the Registry before the next datec'af ]isting|
6. Post the matter on`-28.Jo7.2025.
7. Till the next date of`f-:lit:L§|ting, no final decision wi" be taken by
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the 2nd respondent in respect`JO'f;J`€,:`F-Jaeommendation in the case of the 5th res po n d e n I. " ,I:'i'3-€:I,,-`:T';
sD/-G.HELANAJ~nuf i;.:,i ASSJSTA A,ll^DrJ-,___ :sE¥ GISTRAR //fRUE COPY./-/ OFFICER I-. `~..+i..= ` \-` For .`. i ' .tl'= , '+__* |=.I `¢ .
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1. The Special Chief Secretary, State of Andhra Pradesh`, Departinent`of Environment, Forest, Science and Technology (See.VI), Secret`a'riat, Velagapudi, Amaravati, Andhra Pradesh.[By Special MeSsenge'r]
2. The`` Member Secretary, Andhra Pradesh Pollution Control Bc;ard (APPCB), O/o. Paryanavarana Bhavan, APIIC Colony R6ad,:
Gurunanak Colony, Auto Nagar, Vijayawada -520007.
3. Th.e Member Secretary, State Level Environment Impact ,ASsessment Authority (SEIAA), O/o.3rd Floor, AP Markfed Building, APIIC Colony Road Gurunanak Colony, Auto Nagar, Vijayawada -520007. .
4. The Member Secretary, State Level E-nvironment Impact ASSessinent Authority, (SEIAA), O/o.3rd Floor, AP Markfed Buila'ing, APIIC Co!oony Road, Gurunanak colony, Auto Nagar, Vijayaviada -5200d7.-(2 to 4 by RPAD) '-
5. The Director, M/s. Safe Environ Pvt Ltd, Havl-ng its, Unit LI CU Sy.No.1`64/1A, Dharmavarapupadu Thanda (V), Jaggaiahpet I(M), Krishna District. Having its another unit at s.No.4 A and B, Chinakakani
(v), Mangalagiri (M), Guntur Distri'ct. (by RPAD- along with a .copy of `J petition and memorarldum of grounds)
6. Central Pollution Control Board, Rep. by its Member Secretary;
Parivesh Bhawan, East Arjun Nagar, Delhi-110032. (by RPAD) j
7. One CC to SRl. CKR ASSOCIATES Advocate [OPUC]
8. One C6 to sri yelisetti somaraju, standing counsel [opuc]
9. Two cos to GP for FORESTS, High court ofA.P., Amara`vati [OUT].
10. Two spare copies \ HIGH COURT DATED:07/07/2025 POST THE MATTER ON 28.07.2025 NOTICE BEFORE ADMISSION WP.No.16280 of 2025 ?
DIRECT[ON