The court recorded that closure orders had already been issued against polluting units. It directed petitioners to list any remaining operating units for verification and closure, noting petitions PIL No. 541 of 2012 and LAs regarding the same matter were pending.
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 FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY ,THE EIGHTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE THE CHIEF JUSTICE HIMA KOHLI AND THE HONOURABLE SRIJUSTICE B.VIJAYSEN REDDY
P.l.L. NO: 398 OF 2012
Betwee n:
...PETTTTONER(S)
AND
,..RESPONDENTS
Petrtion under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly in the nature of Writ of Mandamus, declaring the in-action of the Respondents 1-7 for not taking action, in true letter and spirit, on the representation s/ dated 0810712003, 27 101 12011 , 0410612012, 0710612012: 1110612012: 1210612012', 1910612012; 0610812012, 2510812012; 1710912012 submitted by all the residents of Shastripurain Colony as arbitrary, illegal violative of the Principles of Natural Justice and un-constitutional, being violative of their Fundamental Rights guaranteed under Article 21 of the
Constitution of the lndia and issue the consequential direction to the Respondents 1 to 7 to shift out these illegal godowns, workshops and warehouses in open areas, and thereby safeguard the basic rights of these residents of Sashtripuram Colony along with to safeguard their basic right to stay safe in a HUDA approved residential Colony
PILMP. NO: 541 OF 2012
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Direct the respondents 1 to 7 to consider the representations dated 08-07-2003: 27 -01-2011; 04-06-2012; 07-06-2012; 11-06-2012; 12-06-2012'1 9-06-201 2; 06-082012 25-08-2012; 17-09-2012 submitted by the residents of Shastripuram Colony pending disposal of the above writ petition.
lA NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Nos. 1 to 7 to take appropriate action as per Law on the erring lndustrial Units which are il-legally operating day and night in the residential area of Shastripuram and thereby safeguard the valuable 'Right To Life' as enshrined under Article 21 of the Constitution of lndia.
lA NO: 2 OF 2020
Petition under Section'l 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive and peruse these CDs as Additional Evidence and take appropriate action as per Law on the erring lndustrial Units which are illegally operating day and night in the residential area or Shastripuram and thereby safeguard the valuable Right To Life as enshrined under Article 21 of the Constitution of lndia.
lA NO: 3 OF 2020
Between:
,..IMPLEAD PETITIOENRS/PROPOSED RESPONDENTS NO. 8 TO 11
(BOTH rN rA 3/20 AND tA NO 1 OF 2021)
1
AND
... RESPONDENTS/PETITIONERS
,..RESPONDENTS/RESPONDENTS
(BOTH tN tA 3/20 AND rA NO 1 OF 2021\
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bepleased to permit the petitioners to implead the petitioners as respondent Nos 8 to 11 in WP PIL No 398 of 2012 and also in the lAs in the interest ofjustice adn pass
lA NO:4 OF 2020
Between:
...PETITIONERYPROPOSED RESPONDENTS NO. 08
AND
Petitron under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to implead as the Respondent No.OB in PIL No. 3gB of 2012 in the interest of justice
lA NO: 1 OF 2021
Petition under Section '151 cPc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to permit the petitioners to implead the petitioners as respondents Nos. 39 to 42 in WP PIL No. 398 of 2012 and also in the l.As , in the interest of justice.
lA NO: 2 OF 2021
Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the 1st Respondent to consider the representaiion dated linqtziIzl or te Shastripuram Residents.
Counsel for the Petitioners:SRl. PUSHpINDER KAUR
Counsel for the Respondent Nos..t, 2 & 6: SRl. PASHAM KRISHNA REDDY. SC FOR GHMC
Counsel for the Respondent No. 3: Sri. T V RAMANA RAO, SC FOR TSPCB Counsel for the Respondent No. 5: SRt. R. VINOD REDDY, SC FOR TSSPDCL Counsel for the Respondent No. 7: ADVOCATE GENERAL Counsel for the Proposed Respondents 39 to 42: pAWAN KUMAR AGARWAL Counsel for the Proposed Respondent.No. 08: SRl. GANDRA MOHAN RAO The Court made the following:
I
Itcnr No.25
TI{E HON'I]LETHECHIEF.IUSTIc.EHI]\IA KOHLI ,^\ND THE HOtr.-'BLESRI JUSTICEB. VIJAYSEN REDDY
P.I.L.No.3 98 0F2012
ORDER: @erthe Hon'bletheChief Justice HimaKohli)
Poge I of2
P.l.L.,\o.398OIr 2012
\
remaining polluting units that are operating in the area. Mr. Pasham Krishna Reddy shall forward the same to the officers of the GHMC for physical inspection and verification. If any polluting unit is still found to be operating in the area, then immediate steps shall be taken to issue notices to show cause lor closure olthe said units and after an opportLrnity'olhearing is granted to the concerned parties. appropriate olders shall be passed under intimation to the Electricitl, Departmenr lbr taking up follow up action.
applications, if any.
SDIK,VENKAIAH ASSISTANT REGISTRAR
I
//TRUE COPY'
SECTION OFFICER
To
Ptu <' e-f
P.l.L.No.398 OF 2012
Page 2 of2
HIGH COURT
DATED:08/06/2021
1 H Y. .:q TA fa
e
oo 2 3 Jtll,l
*
€s Pt.i
ORDER
Pf L.No.398 of 2012
Closing the PlL.
f.,
2 issues framed by the court
Whether the present petition regarding illegal industrial units should be continued after closure orders have been issued.
How to direct the GHMC to verify and close any remaining operating polluting units.
1 provisions across 1 enactments
Vinay Palnitkar
M.A. Rasheed
Greater Hyderabad Municipal Corporation
Andhra Pradesh Pollution Control Board
Hima Kohli
B. Vijaysen Reddy
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
