Dismissed

Mr.G.Venkata Rami Reddy v. The State of Andhra Pradesh

Telangana HC2 Nov 2018WP/39162/2018

Case brief

AI extract

What is this about?

The court rejected the petitioner's challenge regarding the establishment of a rice mill, holding that neighbors cannot restrict lawful operation but can insist on compliance with environmental laws. The writ petition was dismissed with liberty to the petitioner to approach the fourth respondent for inspection regarding pollution.

What did the court decide?

Liberty given to the petitioner to approach the fourth respondent for inspection regarding probable pollution.

Mr.G.Venkata Rami Reddy Vs The State of Andhra… — Environment and Pollution | Telangana HC (2018)

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HON’BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND HON’BLE SRI JUSTICE S.V.BHATT

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WRIT PETITION No.39162 OF 2018

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ORDER: ( Per Hon’ble Sri Justice S.V.Bhatt)

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Heard Mr.V.Appa Rao for petitioner.

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The petitioner complains against the inaction of respondents 3, 4 and 6 in preventing respondents 10 to 12 from establishing and operating a rice mill in RS No.43/ 1 of Bethamcharla Mandal and also proceedings No.1106/ 0007/ B/ BTM/ BTM/ 2018 dated 04.10.2018, as illegal, arbitrary and unconstitutional.

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Mr.G.Ramachander Rao appearing for 4^th respondent, submits that respondents 10 to 12 are proposing to establish a rice mill in RS No.43/ 1. There is no prohibition by reference to citing Guidelines, for establishing a rice mill in RS No.43/ 1. According to him, rice mill comes under green category. The petitioner at best can insist upon adhering to standards stipulated by the Air Pollution Control Act or the Environmental Protection Act, during and in the course of operation by respondents 10 to 12.

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The petitioner in this W.P. challenges building permission, consent-acknowledgement dated 17.08.2018 and conditional permit dated 20.08.2018. Prima facie, we are of the view that the petitioner, since is a neighbour, having land adjacent to RS No.43/ 1, cannot regulate or restrict the enjoyment of respondents 10 to 12 or insist upon respondents 10 to 12 to conform to the need of petitioner in enjoying their property in RS No.43/ 1. The petitioner

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can insist on establishment of a facility or operating the facility in accordance with law. The broad ground by referring to which the cause is sought to be made out is wholly untenable. We are not persuaded to admit the writ petition. The petitioner since has a right to insist upon the operation of rice mill by respondents 10 to 12 in accordance with law, we consider it appropriate to give liberty to writ petitioner to represent all these grievances from probable pollution to 4^th respondent and the 4^th respondent in turn causes inspection, verifies the steps respondents 10 to 12 have taken to prevent dust pollution and passes orders after affording opportunity to respondents 10 to 12 as well, as expeditiously as possible, preferably within two months from the date of receipt of a copy of this order.

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The writ petition is dismissed with the above observation. No

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order as to costs.

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As a sequel thereto, miscellaneous petitions, if any, pending

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stand closed.

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__________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ

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____________ S.V.BHATT, J

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Date:02.11.2018 Stp

Mr.G.Venkata Rami Reddy v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Mr.G.Venkata Rami Reddy v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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