Andhra Pradesh High Court - Amravati
Sri Sai Krishna Stone Crusher vs The A P Pollution Control Board on 13 October, 2020
Author: J K Maheshwari
Bench: J K Maheshwari
(SHOW CAUSE NOTICE BEFORE ADMISSION) & Ss IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI > (Special Original Jurisdiction) | TUESDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE THE CHIEF JUSTICE JITENDRA KUMARI MAHESHWARI AND THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 16181 OF 2020 Between: M/s.Sri Sai Krishna Stone Crusher, Opp.Tulasi Enclave Ramannapeta, 1st Lane, Koritipadu, Guntur Guntur District, Andhra Pradesh, Rep.by its Managing Partner, Sri. P.Chandraiah S/o.Sri P.Krishna Rao, Hindu, aged 56 years Petitioner AND 1. The A P Pollution Control Board, Door No.33-26-14 D/2 Near Sunrise Hospital, Near Pushpa Hotel Chalamalavari Street, Kasturibaipeta Vijayawada - 520 010 Krishna District, AP Rep.by its Member Secretary 2. The Environmental Engineer (FAC), A.P.Pollution Control Board Regional Office, Navabharat Nagar Ring Road, Guntur, Guntur District Andhra Pradesh 3. The Joint Chief Environmental Engineer, Zonal Office, Gurunanak Nagar, Main Road, Vijayawada, Krishna District Andhra Pradesh Respondents
WHEREAS the Petitioner above named through his/her Advocate Smt.M.S.Tirumala Rani 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 Notice No.G 2390/APPCB/RO-GNT/2020- 388 Dt.14-08-2020 issued by the 2nd respondent by levying Environmental Compensation for the alleged non-compliance of environmental norms under the threat of issuing Closure Order for quarrying Road Metal in Sy.No.111(P), Chinapalakaluru Village, Guntur Rural Mandal, Guntur District, Andhra Pradesh and also to launch prosecution as highly illegal, arbitrary exercise of power, violative of principles of natural justice and without jurisdiction and consequently to set aside the same;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri K.Chidambaram, learned counsel representing Smt.M.S.Tirumala Rani, learned counsel, appears on behalf of the petitioner, directed issue of notice to the Respondents herein returnable in four weeks to show cause as to why this WRIT PETITION should not be admitted.
You viz:
1. The Member Secretary, A P Pollution Control Board, Door No.33-26-14 D/2 Near Sunrise Hospital, Near Pushpa Hotel Chalamalavari Street, Kasturibaipeta Vijayawada - 520 010 Krishna District, AP.
2. The Environmental Engineer (FAC), A.P.Pollution Contro! Board Regional Office, Navabharat Nagar Ring Road, Guntur, Guntur District, Andhra Pradesh
3. The Joint Chief Environmental Engineer, Zonal Office, Gurunanak Nagar, Main Road, Vijayawada, Krishna District, Andhra Pradesh are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted within four weeks.
IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the citcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in pursuance of the Notice No.G-2390/APPCB/RO-GNT/2020- 388 Dt.14-08-2020 issued by the 2nd respondent, pending disposal of Writ Petition No.16181 of 2020, on the file of the High Court.
THE COURT MADE THE FOLLOWING ORDER:
(Taken up through video conferencing) Sri K.Chidambaram, learned counsel representing Smt.M.S.Tirumala Rani, learned counsel, appears on behalf of the petitioner. Heard on the question of admission.
Issue show-cause notice to the respondents, returnable in four weeks. Also heard on the question of interim relief. It is represented that in similar matters, interim stay has been granted by this Court.
Hence, there shall be stay of all further proceedings in pursuance of the impugned notice date 14.08.2020, issued by the 2" respondent, until the next date.
List after four (04) weeks Sd/-Ch.Subramanya Sarma ASSISTANT REGISTRAR /TRUE COPY// :
For ASSISTANT REGISTRAR To,
1. The Member Secretary, A P Pollution Control Board, Door No.33-26-14 D/2, Near Sunrise Hospital, Near Pushpa Hotel, Chalamalavari Street, Kasturibaipeta Vijayawada - 520 010 Krishna District, AP.
2. The Environmental Engineer (FAC), A.P.Pollution Control Board Regional Office, Navabharat Nagar, Ring Road, Guntur, Guntur District, Andhra Pradesh
3. The Joint Chief Environmental Engineer, Zonal Office, Gurunanak Nagar, Main Road, Vijayawada, Krishna District, Andhra Pradesh (1 to 3 by RPAD- along with a copy of petition and affidavit)
4. One CC to Smt.M.S.Tirumala Rani Advocate [OPUC]
5. Two spare copies _/ HIGH COURT HCJ & LKJ DATED:13/10/2020 NOTE: LIST AFTER FOUR (04) WEEKS NOTICE BEFORE ADMISSION WP.No.16181 of 2020 STAY 2D aN 2021