Onteddu Krishna Reddy, v. The State Of Andhra Pradesh

HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No.37063 OF 2018 Order : (Per Hon'ble Sri Justice S.V. Bhatt) Heard Mr. Ch.C. Krishna Reddy, learned counsel for the petitioners, Sri G. Ramachandra Rao, learned Standing Counsel for Andhra Pradesh Pollution Control Board (APPCB) and the learned Government Pleader for Industries and Commerce.

2. The petitioners apprehending establishment and operation of an industry by the 7th respondent, have filed the instant Writ Petition. The foundation for filing the Writ Petition is that the 7th respondent in law is required to take consent for establishment/operation and the activities conform to the standards stipulated under Environment (Protection) Act, 1986. Now, the complaint is that the 7th respondent without complying with any of the statutory obligations, has commenced establishment of an industry.

3. Mr. G. Ramachandra Rao, learned Standing Counsel for APPCB, referring to report dated 22.10.2018, submits that the 7th respondent as on date has taken steps for constructing the compound wall and no activity in relation to establishment of operation of industry is noticed as on date. He further submits that the 5th respondent is monitoring the activity of the 7th respondent, as and when applications are filed for CFE/CFO, they will be considered in accordance with law. The

petitioners, if so interested and are advised, can file appropriate representations before the 5th respondent.

4. With the above observations, the Writ Petition is dismissed.

As a sequel thereto, miscellaneous applications, if any, pending in the Writ Petition shall stand closed. There shall be no order as to costs.

_________________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ ________________ S.V. BHATT, J 26th October, 2018.

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