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Andhra Pradesh High Court - Amravati

Vijaya Kali Eswar Rice Traders vs The State Of Ap on 26 November, 2024

Author: Ninala Jayasurya

Bench: Ninala Jayasurya

                      HIGH COURT OF ANDHRA PRADESH

                      MAIN CASE No: W.P.No.26919 of 2024

                             PROCEEDING SHEET

Sl.                                                                           OFFICE
       DATE                                ORDER
No.                                                                            NOTE

26    26.11.2024

NJS,J & JS,J Heard Sri P.Veera Reddy, learned Senior for the petitioner.

Learned Senior counsel submits that the impugned order is not sustainable in as much as the State Pollution Control Board laid down the standard of air pollutants. He submits that neither in the show cause notice nor in the impugned order, there is any reference to violation of the standards much less exceeding the standards. Learned counsel also made submissions with regard to the powers of the Board and contended that the impugned order passed by the Environmental Engineer is without jurisdiction.

However as seen from the impugned order-Reference No.3, the consent to establish (CTE) was rejected to the petitioner's unit by proceedings dated 06.06.2023. In this regard, the learned counsel submits that steps are being taken to challenge the said proceedings. Cont...

Mr.Y.Somaraju, learned counsel for the Pollution Board while placing a copy of the written instructions dated 25.11.2024, for perusal of the Court, inter alia submits that the petitioner had not submitted any reply to the show cause notice. He also contended that as the petitioner had violated the provisions of the Air (Prevention of Pollution) Act and the order under challenge has been validly passed and warrants no interference of this Court.

List the matter on 10.12.2024. In the meantime, counter if any, by Pollution Control Board may be filed.

_____ NJS, J ____ JS,J ANS