Disposal of PIL seeking mandamus to stop illegal quarrying without environmental clearance. Court accepted representation from agencies promising action, disposed petition as infructuous without examining merits.
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HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
PRESENT
THE HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON’BLE SRI JUSTICE S.V.BHATT
PUBLIC INTEREST LITIGATION No.364 OF 2015
DATED: 25.01.2016
Between: Pamulapati Krishna Rao … Petitioner and State of Andhra Pradesh and others
… Respondents
THE HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON’BLE SRI JUSTICE S.V.BHATT
PUBLIC INTEREST LITIGATION No.364 of 2015
ORDER: (per the Hon’ble The Acting Chief Justice Dilip B. Bhosale)
Heard learned counsel for the petitioner.
In the instant petition, the petitioner seeks the following
relief:
“For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue a writ, direction, order or orders more particularly one in the nature of writ of mandamus declaring the inaction of respondent Nos.1 to 10 in preventing Respondent Nos.11 to 56 from carrying out quarrying, blasting and crushing operations in Sy.Nos.111 and 155/A1 of Chinapalakaluru Village, Guntur District which are being carried without obtaining Environmental Clearance and without obtaining statutory licenses as illegal, arbitrary, mala fide, violation of the Fundamental right guaranteed under Article 21 of the Constitution of India besides being violative of principles of Natural Justice and consequentially direct the respondent Nos.1 to 10 to prevent the Respondent Nos.11 to 56 from carrying out quarrying, blasting and crushing operations in Sy.Nos.111 and 155/A1 of Chinapalakaluru Village, Guntur District which are being carried without obtaining Environmental Clearance and without obtaining statutory licenses in the interest of justice and pass such other orders that are just and necessary in the circumstances of the case.”
The petitioner has made a representation to five
concerned agencies (Annexure P.I) making similar grievance.
Mr. G.Ramachandra Rao, learned Standing Counsel appearing for the Andhra Pradesh Pollution Control Board and
Mr. Krishna Prakash, learned counsel appearing for respondent Nos.1 to 4 submit that they will consider the petitioner’s representation (Annexure P.I) dated 09.11.2015 within six weeks from today and shall take action against illegal/unauthorized quarrying/blasting and crushing in Survey Nos.111 and 155/A1 of Chinapalakaluru Village, Guntur District. Their statement is recorded and accepted. In view thereof, nothing further survives in the petition.
Petition is disposed of as infructuous. This shall not preclude the petitioner from prosecuting appropriate remedy if the official respondents do not take action against illegal quarrying. We make it clear that we have not examined merits of the case. In other words, we make it clear that we have not examined whether the subject quarrying/blasting is illegal/unauthorized.
Consequently, miscellaneous petitions, if any, also stand disposed of. No order as to costs.
________________________ DILIP B. BHOSALE, ACJ
25th JANUARY, 2016.
_____________ S.V. BHATT, J
kvni
1 issue framed by the court
Whether the inaction of respondents in preventing unauthorized quarrying operations without environmental clearance warrants issuance of writ of mandamus.
1 provisions across 1 enactments
Pamulapati Krishna Rao
State of Andhra Pradesh
DILIP B. BHOSALE
S.V. BHATT
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
