Dugempudi Venkateswar Reddy v. The State Of Andhara Pradesh

HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.31603 OF 2018 ORDER (ORAL): (Per the Hon'ble Sri Justice S.V.Bhatt) Heard Smt. Jyothi Eshwar Gogineni, learned Government Pleader for Industries for respondents 1 and 4; learned Government Pleader (Revenue) for respondent No.2 and Mr. Ramchander Rao for respondent No.3.

The petitioner complains against establishment and operation of industry by 5th respondent in Sy.No.911, Challavaripalem, Nallapadu, Guntur district, without conforming to the provisions of the environmental laws as illegal, arbitrary and unconstitutional. Mr.Ramchander Rao places on record notice dated 29.08.2018 issued by the Environmental Engineer, A.P. Pollution Control Board, Regional Office, Guntur. The A.P. Pollution Control Board through notice dated 29.08.2018 stopped the ongoing activity undertaken by 5th respondent. In view of the subsequent development, the prayer as made need not be considered and the writ petition therefore is closed with the following observations:

(i) the 3rd respondent-Board examines the grievances of petitioner and also the reply of 5th respondent as and when the 3rd respondent considers the request of 5th respondent either for granting consent for establishment or operation or in the alternative

issues directions under the Water and Air Acts; and (ii) the petitioner is given liberty to communicate copy of this order along with fresh representation, if any, to 3rd respondent-Board within four weeks from today.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending, stand closed.

______________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ _____________ S.V.BHATT, J 10th September, 2018 Lrkm