M/S.Falah Bone Millais Fertilizers v. The State Of Telangana And 4 Others

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY And HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITON.23337 OF 2019 ORDER (Per Hon'ble Sri Justice P.Naveen Rao) Heard Sri V.B.Subrahmanyam, learned counsel for petitioner, learned Government Pleader for Forest for respondent no.1, Sri P.Shiva Kumar, learned standing counsel for State Pollution Control Board for respondents 2 to 4, and R.Vinod Reddy learned standing counsel for State Southern Power Distribution Company Limited for respondent no.5.

2. The petitioner's industry was established in the year 2016 for production of crushed bones of size 5/8", 3/8" and 7/8"-9.5 TPD, bone power-0.5 TPD and calcinated bones power-1 TDP, Tallow and Bone Meal. On 23.08.2018 Telangana State Pollution Control Board passed closure orders pointing out several deficiencies in running of the unit and causing pollution. Thereafter, the petitioner reported to the Pollution Control Board that the objections were attended to and complied and therefore, requested to revoke the closure order. On 15.03.2019 the Board conducted inspection and found that there are several deformities in running of the unit and therefore, unit cannot be permitted to run.

3. Learned counsel for the petitioner submits that the objections raised by the board were rectified and again

reported to the board informing them that deficiencies pointed out by the board are attended, by way of representation dated 22.04.2019. Alleging inaction on such representation, this writ petition is filed.

4. Having regard to the fact the board has raised objections on the running of the unit and declined to lift the closure orders and that the petitioner stated to have reported that objections are attended to, it is for the board to conduct a fresh inspection and verify whether the objections earlier noticed by the board are complied and to pass appropriate orders on the request of petitioner for lifting of closure orders.

5. Learned counsel representing Pollution Control Board informs the Court that whenever date is fixed, the board will conduct inspection. With mutual consent, on 06.11.2019 at 11.00 am officials of the board may inspect the premises in the presence of petitioner. The petitioner shall be present on the day and time mentioned above.

6. Accordingly, the writ petition is disposed of. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J ______________________ P.NAVEEN RAO,J Dt.: 01-11-2019 Note: Issue CC by 04-11-2019.

B/o.

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