Andhra Pradesh High Court - Amravati
M/S. Cbwtf Association Of Andhra ... vs Union Of India on 19 July, 2019
Bench: C.Praveen Kumar, M.Satyanarayana Murthy
[ 3135 ]
(SHOW CAUSE NOTICE BEFORE ADMISSION)
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
FRIDAY, THE NINETEENTH DAY OF JULY TWO THOUSAND AND NINETEEN
: PRESENT:
THE HONOURABLE THE ACTING CHIEF JUSTICE C.PRAVEEN KUMAR
AND
THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO: 9437 OF 2019
Between:
M/s. CBWTF Association of Andhra Pradesh,, Rep. by its President Mr. V.
Venkateswara Rao, Having its office at 29/2,29/1, Shop No. 4 and 5, Ashirvad Complex,
Near Bishop Azaraiah High School, Vijayawada, Krishna District
Petitioner
AND
1. Union of India, rep. by its Secretary, Ministry of EnVironment, Forest and Climate
Change, New Delhi.
2. The State of Andhra Pradesh, Rep. by its Secretary, Ministry of. Environment,
Forest, Science and Technology, Secretariat, Velagapudi, Amaravathi Guntur
District.
3. Andhra Pradesh State Pollution Control Board, Rep. by its Member Secretary,
Head Office D. No. 33-26-14D/2, Near Sunrise Hospital, Pushpa Hotel Centre,
Chalamalavari Street, Kasturibaipeta, Vijayawada.
4. The State Level Environment Impact Assessment Authority, Rep. by its
Chairman, Head Office D. No. 33-26-14D/2, Near Sunrise Hospital, Pushpa Hotel
Centre, Chalamalavari Street, Kasturibaipeta, Vijayawada.
Respondents
WHEREAS the Petitioner above named through its Advocate SRI P VENKAIAH
NAIDU presented this Petition under Article 226 of the Constitution of India praying that
in the circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue a Writ, Order or Direction more particularly one in the nature of a WRIT
OF MANDAMUS declaring the impugned Circular of the 3rd respondent vide its Circular
No. APPCB/BMW General/2019 dated 19.05.2019 in issuing Guidelines for Common
Bio Medical Waste Treatment and Disposal Facilities in the State of Andhra Pradesh
without considering representations of the Stakeholders is arbitrary, illegal, high
handed, capricious and violate the fundamental rights guaranteed to the members of
the petitioner herein under Articles 14, 19(1)(g) and 21 apart from being ultravires of the
provisions of the Environment (protection) Act, 1986, Bio Medical Waste Management
Rules, 2016 and also the Statutory Guidelines framed by the 2nd respondent for
Common Bio Medical Waste Treatment and Disposal Facility under the Bio Medical
Waste Management Rules, 2016 while exercising its power under the Environment
(Protection) Act, 1986 apart from they being also in violation of principles of natural
justice and fair play and consequently direct the respondents to strictly adhere to the
provisions of Revised Guidelines framed by the Central Pollution Control Board, New
Delhi for Common Bio Medical Waste Treatment and Disposal Facility under the Bio
Medical Waste Management Rules, 2016 in exercise its power under, the
Environment,(Protection) Act, 1986 and thereby to be in tune with the letter and spirit of
the Revised Guidelines for the Common Bio Medical Waste Treatment and Disposal
Facilities as approved by the Central Pollution Control Board, 2016 and the other
relevant environmental laws
AND WHEREAS the High Court upon perusing the petition and memorandum of
grounds filed herein and upon hearing the arguments of Sri P VENKAIAH NAIDU
Advocate for the Petitioner, The G.P. for Forest & Energy for R-2 and Sri Gurram
Ramachandra Rao For RR3 and 4, directed issue of notice to the Respondents herein
to show cause as to why this WRIT PETITION should not be admitted.
You viz:
1. Union of India, rep. by its Secretary, Ministry of EnVironment, Forest and Climate
Change, New Delhi.
2. The State of Andhra Pradesh, Rep. by its Secretary, Ministry of. Environment,
Forest, Science and Technology, Secretariat, Velagapudi, Amaravathi Guntur
District.
3. Andhra Pradesh State Pollution Control Board, Rep. by its Member Secretary,
Head Office D. No. 33-26-14D/2, Near Sunrise Hospital, Pushpa Hotel Centre,
Chalamalavari Street, Kasturibaipeta, Vijayawada.
4. The State Level Environment Impact Assessment Authority, Rep. by its
Chairman, Head Office D. No. 33-26-14D/2, Near Sunrise Hospital, Pushpa Hotel
Centre, Chalamalavari Street, Kasturibaipeta, Vijayawada.
are directed to show cause on or before 02-08-2019 to which date the case stands
posted as to why in the circumstances set out in the petition and the memorandum of
grounds filed therewith (copy enclosed) this WRIT PETITION should not be admitted.
The Court made the following:
ORDER:
"Notice before admission. Learned standing counsel for the Andhra Pradesh Pollution Control Board seeks time to file counter.
Post on 02-08-2019".
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To,
1. The Secretary, Union of India, Ministry of Environment, Forest and Climate Change, New Delhi.
2. The Secretary, State of Andhra Pradesh, Ministry of Environment, Forest, Science and Technology, Secretariat, Velagapudi, Amaravathi Guntur District.
3. The Member Secretary, Andhra Pradesh State Pollution Control Board, Head Office D. No. 33-26-14D/2, Near Sunrise Hospital, Pushpa Hotel Centre, Chalamalavari Street, Kasturibaipeta, Vijayawada.
4. The Chairman, The State Level Environment Impact Assessment Authority, Head Office D. No. 33-26-14D/2, Near Sunrise Hospital, Pushpa Hotel Centre, Chalamalavari Street, Kasturibaipeta, Vijayawada. (Addresses 1 to 4 by RPAD- along with a copy of petition and memorandum of grounds)
5. One CC to SRI. P VENKAIAH NAIDU Advocate [OPUC]
6. Two CCs to G.P. for Forest & Energy Advocate [OUT]
7. One CC to SRI. B KRISHNA MOHAN (ASST SOLICITOR GENERAL OF INDIA) Advocate [OPUC]
8. Two spare copies DY HIGH COURT CPKJ & MSMJ DATED:19/07/2019 NOTE: POST ON 02-08-2019 NOTICE BEFORE ADMISSION WP.No.9437 of 2019 HIGH COURT DY Date of Drafting: 25-07-2019 CPKJ & MSMJ DATED:19/07/2019 NOTE: POST ON 02-08-2019 NOTICE BEFORE ADMISSION WP.No.9437 of 2019