M/S. Covalent Laboratories Pvt Ltd. v. The State Of Telangana

HON'BLE SRI JUSTICE A. RAJASHEKER REDDY AND HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION Nos. 1609, 1626, 1676, 1687, 1769, 1806, 1810, 2352 and 2378 of 2020 COMMON ORDER : (Per Hon'ble Sri Justice P.Naveen Rao) In all these writ petitions, the petitioners claim that they have established Industrial Units and operating them outside Patancheru-Bollarum area. They are aggrieved by demand to pay 0.5% of the previous year's annual turnover for remedial measures, as per the directions of the National Green Tribunal (Tribunal), vide order dt.24.10.2017 in Application No.69 of 2013 and batch (South Zone - THC).

2.

When the matters are called, learned Standing Counsel for Pollution Control Board submits that the Umbrella Organisation (Bulk Drug Manufacturers Association - BDMA) has submitted a representation stating that the Units, which are outside Patancheru-Bollarum area, cannot be penalized by demanding payment of 1% of annual turnover for processing the application for expansion and also payment of 0.5% of the previous year's annual turnover for remedial measures, as per the directions of the Tribunal and that the said representation is under consideration of the Pollution Control Board. Thus, he seeks disposal of the writ petitions

with a direction to the Pollution Control Board to consider the said representation expeditiously.

3.

Learned counsel for the petitioners submits that all the petitioners have not made applications individually, whereas their Association has made an application and the petitioners in these writ petitions may also be permitted to file applications.

4.

However, learned counsel for the petitioners also agreed for disposal of the writ petitions with a direction to the Pollution Control Board to consider the application submitted by their Association and the petitioners be permitted to make individual applications seeking to exempt payment of 0.5% of the previous year's annual turnover for remedial measures and pass appropriate orders.

5.

Recording the said submissions of the learned counsel for the petitioners and the learned Standing Counsel for the Pollution Control Board, these writ petitions are disposed of, permitting the petitioners to make individual applications within a period of one week from today. On receipt of such applications, if any, made within the above mentioned period, the respondent - Pollution Control Board shall consider the same along with the application filed by the Association within a period of four weeks thereafter. Till a decision is taken by the respondent - Pollution Control Board on such

applications, it shall not take any coercive steps against the petitioners. No order as to costs.

6.

As a sequel, miscellaneous applications pending, if any, in these writ petitions shall stand closed.

__________________________ A. RAJASHEKER REDDY, J _________________________ P. NAVEEN RAO, J 05-02-2020 Nvl

HON'BLE SRI JUSTICE A. RAJASHEKER REDDY AND HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION Nos.24986, 24987, 26242, 26430, 26455, 26471, 26480, 26484, 26486, 26498, 26511, 26538, 26973, 27022, 27034 and 27040 of 2019 20.12.2019 (Msr)