The High Court of Hyderabad disposed of a PIL alleging illegal erection of a Hot Mix Plant. The Board admitted lack of permission and undertook action after enquiry and notice within eight weeks.
Completion of enquiry, service of notice, and appropriate action to be taken within eight weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA
AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
PUBLIC INTEREST LITIGATION No. 23 OF 2015
DATE: 16.02.2015
Between: K. Yadhi Reddy & others.
… Petitioners
And
The State of Telangana, rep., by its Principal Secretary, Revenue Department, Hyderabad & others.
… Respondents
This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
PUBLIC INTEREST LITIGATION No. 23 of 2015
ORDER: (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
This writ petition has been filed alleging inaction on the part of the Pollution Control Board pursuant to the complaint made by the petitioners, wherein it is alleged that erection of Hot Mix Plant in Yellagiri and Khaitapuram villages, Choutuppal Mandal, Nalgonda District, near residential area is illegal and in spite of making such complaint no action has been taken.
Learned counsel for the Pollution Control Board appears and admits orally that respondent Nos.9 to 12 have not taken any permission from the Board for erection of the aforesaid Hot Mix Plant. He submits that the Board will take appropriate action pursuant to the complaint made by the petitioners.
In view of the above submission, we close the writ petition directing the Pollution Control Board to take steps in accordance with law pursuant to above complaint of the petitioners after making necessary enquiry and investigation, of course, after serving notice upon the unofficial respondents, who might be affected, if any adverse order is passed. The entire exercise shall be completed within eight weeks from the date of communication of this order.
Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.
___________________ K.J. SENGUPTA, CJ
___________________ SANJAY KUMAR, J
Date: 16.02.2015 ES
1 issue framed by the court
Whether the Pollution Control Board was hastened to take action on allegations of illegal Hot Mix Plant erection and ensure procedural compliance?
K. Yadhi Reddy and others
The State of Telangana and others
Kalyan Jyoti Sengupta
Sanjay Kumar
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
