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High Court for State of TelanganaWP/26198/2016disposed of no costs

B.Bala Veeraiah, v. State Of Andhra Pradesh,

2016-09-07Ramesh Ranganathan,U.Durga Prasad Rao3 pages

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO Writ Petition No.26198 of 2016 ORDER: (Per the Hon'ble The Acting Chief Justice Ramesh Ranganathan) Heard Sri B.Vijaya Bhasker, learned counsel for the petitioners, Sri G. Rama Chandra Rao, learned Standing Counsel for the Pollution Control Board, and Sri K.Chidambaram, learned counsel for the 4th respondent and, with their consent, the writ petition is disposed of at the stage of admission. Questioning the action of the respondents, in not considering their representation regarding grant of permission to the 4th respondent to establish a Chemical Factory without permission from the concerned authorities, the petitioners had now invoked the jurisdiction of this Court.

Sri G. Rama Chandra Rao, learned Standing Counsel for the Pollution Control Board, has placed before us a copy of the letter addressed by the Environmental Engineer to the Joint Chief Environmental Engineer, A.P. Pollution Control Board, Hyderabad dated 30.08.2016 wherein it is stated that the 4th respondent had acquired possession of Acs.150.00 of land, had started construction of a compound wall towards the western direction, and jungle clearing of the site. Learned counsel would submit that the 4th respondent has not been granted consent for establishment till date; and that the writ petition is pre-mature, as the application of the 4th respondent dated 16.07.2016 is still under consideration. As the A.P. Pollution Control Board has not even granted consent for establishment to the 4th respondent, it is evident that the writ petition, as filed, is pre-mature. Suffice it to direct the

Pollution Control Board to dispose of the petitioners'

representation, by way of a reasoned order, within four weeks from today. It is made clear that this order shall not preclude the petitioners from availing their legal remedies if, and when, permission is accorded to the 4th respondent. The Writ Petition is disposed of accordingly. Miscellaneous petitions pending, if any, shall also stand disposed of. There shall be no order as to costs.

_________________________________ (RAMESH RANGANATHAN, ACJ) _____________________________ (U.DURGA PRASAD RAO, J) 07th September 2016 JSU

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO Writ Petition No.26198 of 2016 Date: 07.09.2016 JSU