A coordinate bench of the High Court in Telangana declined to entertain multiple writ petitions challenging operational guidelines and court notices regarding corpus fund contributions to industrial areas, holding that the remedy lies before the National Green Tribunal.
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 (Special Original Jurisdiction)
THURSDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT PETITI o N NOS: 24658.24582. 25206, 25207 AND25208 0F 2019 & 1271 0F 2020
wP NO. 2465 8 0F 2019:
Between:
M/s Bulk Drug- Manufacturers Association of lndia, Rep. by its Authorized c-25Representative ,lndustrial Sri P. Estate, Sanat Nagar, Eshwar Reddy,, Hyderabad.S/o Late p. Laxma nbOOy, ageO 66 tetrq
AND
...PETITIONER
...RESPONDENTS
Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, or of direction more particurarry one in the nature of wRrr oF MANDAMUS decraring impugned operationar guiderines issued by the Terangana state Pollution contror Board, the 2nd respondent herein under the purport of G 0 tvs No. 24 dared 24.04.2019 and c.o. Ms. No. 31 dated 24.05.2019 issued by the state of rerangana, the ret respondent herein for consideration of the apprications of the rndustries for Expansion etc., is are not having any statutory force, without jurisdiction, arbitrary, high handed, capricious, perverse, illegal, apart from being in violation of the provisions of the water (prevention and contror of poilution) Act, '1971 ' the Air (prevention and contror of poilution) Act,l gg4 and Environment (Protection) Act, 1g86, and the Rures made under the respective enactments apart from being i'egar, arbitrary, viorate of principres of naturar justice and fair pray and also a' canons of raw and justice and consequenry if found required to set aside the orders of the Honourabre Nationar Green Tribunar, principar Bench, New Derhi in 0 A No 69 0f 2013 dated 24.10.201 7 in so far as they are against the interests of the petitioner and to direct the respondents to drop a, the operationar guiderines issued by the Terangana state poilution contror Board, the 2nd respondent herein under the purport of G 0 IVs No. 24 dated 24.04.2019 and G.O. Ms. No. 3.1 dated 24 05'2019 issued by the state of Terangana, the 1st respondent herein for consideration of the apprications of the rndustries for Expansion etc
/,o NO: 1 OF 20't9
Petition under iection 151 CPCpraying that in the circumstances statedin the affidavit filed in ;upport of thepetition, the HighCourt mal/ be pleasedto SUSPEND the opere:ion of the operationalguidelines issuecl by' the Telangana State Pollution Contrc Board, the 2ndrespondent herern under the purport of G O. Ms No. 24 dated 24.C 1.2019 and G.O.Ms. No. 31 dated 24052019issued by the State of Telangana, t re 1St respondentherein pending disposal of the above writ petition
Counsel for the Petiti( ner:SRIYELLAPRAGADA SRINIVASA MURTHY
Counsel for Respondt ntNo. 1:GP FOR FORESTS
Counsel for Respondtnt No. 2: SRI P. SHIV KUMAR, SC FOR TSPCB
WP NO : 24582 OF 201
Between:
AND
2, TheTelanqanasttePollutioncontrolBoard,ParyavaranBhavan'A-3'lndustriali';iri.:'3i'#i";iji Hvi"iio"o - 18, Rer' bv its Member Secretary a The Joint ChiefEr /ironmenti?;gin-eer'1eta'nganaState Pollution Control ioZil 2;;;i6r-rci ai namicnandraPuram' MedakDrstrict
5 Union of Forest Paryavarr.lndia, Re en,u,n]tlc ov rnroig'hii!"6ii'"iiw-oepartment 6 ci"ti'"n-r;1r;o"1Roactof t'lew Delhi Ervironment Pin - and110003 Central PoilutionC:ntrol a6JrO Cei ov its Secretary Parivesh Bhavan'CBD- Cum-officeComp>x eutt n?j'in'rtribiiu"* Delhi' 6elhi'Pin - 11 0 ]?'- roNDENrs
PetitionUnderAlicle226oftheconstitutionoflndiaprayingthatinthe circumstancesstatedin he affidavitfiled therewith' the High Court may be pleased to issuea writ, order or Direction, more particurarryone in the natJre of a wRlr oF MANDAMUS,declaringtheoperationalGuideLines(CircularllemoNo.6/NGT. chennai/TSpCBrLegart2)13-525 dated 03.08.2019) issued by the2ncr respondent/TSPCBunc3r the guise of GOMsNo'24 dated 24042019and G.O.Ms.No.31dated 24 05.2019 for considering the application for expansionof industries bycollectionof Corpus Fund l percent from the industriesseeking
expansion and at 0.Spercent from the all the industries on the Annual Turnover is illegal, arbitrarily, perverse, without applioation of mind, against principles of Natural Justice without Jurisdiction and contrary to Water (Prevention and Control of Pollution) Ac11974, Air (Prevention and Control of Pollution) Act,1981 and Environment(Protection ) Act,1986 and rules made there under and violation of Article 19(l)(g) of constitution of lndia and consequenfly set aside the operational Guide Lines(circular lvlemo No.6/NGT-chennai/TSpcB/Legalt2ol3-s2s dated 03 08.2019) issued by the 2nd respondent/TSpcB under the guise of G.o.Ms.No.24 dated 24.04.2019 and G.O.Ms.No.3i dated 24.05.2019 by directing the Respondents herein to permit thepetitioners for expansion as per the orders of National Green Tribunal, southern Bench at chennai in Application No.90 of 20.13 and batch (Patan cheru Pollution batch) dated 24.io.zol7 and National Green Tribunal, Principal Bench at New Delhi in Application No.1o3g of 20.1g dated ''t9.08.2019
lA NO: 1 OF 201 I
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 supsend the operatron of operational Guide Lines (circular Memo No.6/NGTchennai/ TSPcB/ Legal / 2013-525 dated 03.0s.2019) pending disposat of the writ Petition
Counsel for the Petitioner: SRI V. B. SUBRAHMANYAM
Counsel for Respondent No. 1:Gp FOR FORESTS
Counsel for Respondent No. 2: SRI p. SHIV KUMAR
WP NO: 25206 OF 2019
Between:
Y/: Pl,Reddys Laboratories Limited, CTO- Unit - I ptot Nos. 137,138,j4SEt 116,,-,S-.V*Co-op tndustriatEstate, t.D.A., Boilaram,Jinnarim MrhOai' V"-Oil' ursrflcr Rep. by its Authorized Signatory Sri. Gopala Krishna Ournuu.l'Jar,r,or
AND
Petition under Articre 226 0f rhe constitution of India praying that in the circumstances stated in the affidavit fired therewith, the High court may be preased tO ,SSUE A WRIT OF IVIANDAMUS, dECIAriNg thE Lr.NO. NGT/PCB/RO/RCP/2019. 497, Dated 06 11.2019 issued by the 4th Respondent / Board in pursuance of the operationar Guide Lines (circurar Memo No.6/NGT-chennai/TSpcB/Lega1/2013_
,/
IANO:1OF2019
Petition underS ection151CPC prayingthat in the circumstancesstated in the affidavit filedin s Jpportof the petition'the High Court rnay be pleasedto restrain the Responderts from collecting 0.5% of the amountof annual Turnoverof thepreviousyearStaringfromtheyear2016-17(w.e.ffrom24.10'2017)fromthe petitioner till the reme, iation /restorationwork of the environment in the industrial areas of Patancheruald Bollaram Starts by the Respondents pendingdisposal of the Writ Petition
IA NO : 2 OF2019
Petition under S )ction151CPC prayingthat in the circumstancesstated in theaffidavitfiledinsrpportofthepetition,theHighCourtnraybepleasedto SUSPENDtheLr.No.\GT/PCB/RO/RCP/2019-497,Dated06112019issuedbv the 4th Respondent/ B rard pending disposalof the Writ Petition and pass Counselfor the Petitiorer:SRI V' B' SUBRAHMANYAM
Counsel forResponde rt No' 1: GP FOR FORESTS
Counselfor Responde rt Nos' 2 to 4: SRI P SHIVKUMAR' SC FOR lSPCB
WP NO:25207 O F201(
Between:
M/s. Dr.ReddysaboratoriesLimited-CTO Unit - lll ,Plot Nos '16' 126 C and il'"I#3,,.,,:..y;,fl;d'[li*f|".=x,krr,5"f bE::ilili,iTil1l]ui:fli: ...PETtloNER Gangavelli
AND
...REspoNDENTs
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a WRIT OF IMANDAI/US, declaring the Lr.No. NGT/PCB/RO/RCP/2019497, Dated 06.11,2019 issued by the 4th Respondent / Board in pursuance of the operational Guide Lines (circular lr/emo No.6/NGT-chennai/TSpcB/Legal/2013525) which were issued under the guise of G.o.Ms.No.24 daled 24.04.2019 and G.o.Ms.No.3'1 dated 24.05.2019 without starting remediation / restoration work of the environment in the industrial areas of patancheru and Bollaram is illegal, arbitrary, perverse, unconstitutional, without application of mind, against principles of natural justice,without jurisdiction and contrary to the provisions of rhe water (Prevention ft control of pollution ) Act, 1974 and rhe Air ( prevention Et control of Pollution )Act, 198'1 , and Environment (protection) Act,19g6 and the rures made there under and violation of Article 19)1xg) of constitutiori of lndia consequenily set aside the same by restraining the Respondents from colecting 0.5 percentage of the amount of the Annuar rurnover of the previous year from the petitioner ti the remediation / restoration work of the environment in the industrial areas of Patancheru and Bollaram starts by the Respondents
lA NO: 1 oF 2019
Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to RESTRAIN the Respondents from colecting 0.5% of the amount of annuar rurnover of the previous year starting from the year 2016-17 (w.e.f from 24.10.201r) from the petitioner till the remediation / restoration work of the environment in the industrial areas of Patancheru and Bolaram starts by the Respondents pending disposar of the Writ Petition
lA NO: 2 oF 2019
Petition under section i 51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to susPEND the operation of Lr.No. NGT/pcB/Ro rRcpr 2o1g-4g7,Dated 06..1 1.2019 issued by the 4th Respondent
Counsel for the petitioner: SRI V. B. SUBRAHMANYAM
Counsel for Respondent No. 1: Gp FOR FORESTS
Counsel for Respondent Nos. 2 to 4: SRI p. SHIV KUMAR, SC FOR TSPCB WP NO i25208 0F 2019
Between:
M/s Dr Reddvs Laboratories Limrted, -cro, Unit - il prot Nos. co-op. tndustrial Estate, t.D.A-' i'oi1;;rl 'J-i;nrr", .1 Mandat, 10 and 1.1 1, S.V.Sanga
...PETITIONER
Reddy/MedaL District Rep. by its Authorized Signatory Sri. Gopala Krishna Gangavelli
AND
e The Joint Chie 'Environmental Engineer, Telangan Pollution Crlntrol BoardZonal Office at Ram: chandrapuram Medak District.
...REspoNDENrs
Petition unde Article 226 ol theConstitutionof lndia prayingthat in the circumstances stater in the affidavitfiled therewith,the High crourt may be pleased to issue a wRlT of MANDAMUS,declaring the Lr.No. NGT/PCB/RO/RCP/2019- 497, Dated 06.11.20 9 issuedby the 4th Respondent/ Board in pursuanceof the operational Guide tines (circular MemoNo.6/NGT-Chenna /TS PCB/Legal/2013- 525) which were iss redunder the guiseof G.o.Ms.No.24dated 24.04.2019and G.O.Ms.No.31 dated 24.05.20'19without starting remediation i restoration work of the environment in heindustrial areasof Patancheruand Bollaram is illegal, arbitrary,perverse, utco nstitutional, without application of mind, against principles of natural .lustice,witt outjurisdiction and contrary to the prov sionsof The water (Prevention a control of Pollution ) Act, 1974 andThe Air ( Prevention& control of Pollution )Act, 1981 andEnvironment (Protection) Act,1986 and the rulesmade there under and violar onof Article1 9)1 Xg)of Constitutionof lndia consequentlyset aside the same by re,trainingthe Respondentsfrom collecting0.5olo of the amount of the Annual Turnovrr of the previous Year from the petitioner till tre remediation/ restoration work ofI te environmentin the industrial areasof Patancheruand Bollaram starts by theRespondents
lA NO: 1 OF 201 I
Petition underI ection1 51 CPC prayingthat in the circumstancesstatedin the affidavitfiled in : upport of the petition,the High Court tnay be pleasedto RESTRA|NtheRespordentsfromcollecting0.5%oftheamountofannua|Turnover ofthepreviousyearSllrtingfromtheyear2016-17(w.e.ffrom24.1c'.2017)fromthe petitioner till the remeliation / restorationwork of the environment in the industrial areasofPatancheru.ndBollaramstartsbytheRespondentspenclingdisposalof the Writ Petition
IA NO: 2 0F2019
Petition underS ?ction151 CPC prayingthat in the circu'nstances stated in the affidavitfiled in s rpport of the petition,the High Court nray be pleasedto NGT/PCB/RO /RCP/2019-49?',Dated06 1 1 2019 SUSPEND theoPerati< n of Lr.No issued by the4th ResP )ndent.
Counsel for the Petitioner: SRI V,B. SUBRAHMANYAM
Counsel for Respondent No. 1: GP FOR FORESTS
Counsel for Respondent Nos. 2 to 4: SRI P. SHIV KUMAR, SC FOR TSPCB
WP NO: 1271 OF 2020
Between:
232.8. Shankar, S/, Sri Kumar 34 Yrs R/o D.No. 150Edulasad Ghatkasan (M) R R Dist.
Petition underP.ticle 226 of the constitutionof lndia prayingthat in the circumstancesstatedir the affidavitfiled therewith,the Highcourt may be pleased tolssueaWritofMaldamusoranyotherappropriateWritcrr\y'/rits'Orderor Direction, declaring.
NGT/PCB/RO/RCP/2C19- 497 dated l. The impugnedlotice issued in Lr'No 06-1 1-2019by 2ndRe: pondentas lacking authority of law' in view of the fact that PetitionefsCompanyinotlocatedinPatancheruorBollaram'f:rtherthesameis wholly outsidethe cor :ours of Environment ProtectionAct' 1986 and -so also againstthe Judgment 'fHonourable National GreenTribunal (lherrnai Benchin ApplicationNo. 69 of 1013 and batch dated24-10-2017' thereby amply further disclosingnon-applicatirn of mind' thereforein derogation of Articles14' 19' 21' 265 and30-A of the Cor stitutionof lndia'consequentlyto set asidethe same
ll. Thelmpugnet G'O' Ms No 24 of 2O1g daled 24-04-2019as is being construedand implem€Tted by the 2nd Respondent'if proper' thel it is lacking authorityof law' in so fa as' it intends to give universal coverage' whichis not what theJudgmentofHonouableNationalGreenTribunalChennaiBenchinApplication No.69of 2013 andba ch dated24-10-2017 ' intended' thereby amply disclosing non-applicationof mind thereforeis in derogation of Articles 14 19' 21' 265 and 300-4of the Constitutio of lndia'consequently to set aside the same' by holdingits inapplicabilityto the Pt titioner Company's industrialunit' as it is 1ot locatedin Patancheruor Bollara r'furtherthe same is wholly outside the contoursof EnvironmentProtection \ct'1 986
lll. Theimpugne'G'O Ms No 3lof 2019 dated24-05-2019issuedby 1"t respondent,directing re nittance to the corpus fund in the name o1'PBERF@ 1ok of annualturnoverfor expr nsion and 0'5%of the previousyear' s annual turnover for remedialmeasures,des )ite the Petitioner Companydoes not fall in the Patancheru and BollaramlndustriaDevelopment Area and also for the reasonthat the operationalguideliness 'framed are arbitrary' illegal and violativeof hrticles14 and 19(1)(g)of the Constitu on of lndia and per contrato the Judgmentof Honourable NationalGreenTribunaChennaiPenchiinApplicationNo.6gof2Crl3andbatch
and also subversive of theprovisions of the Water(Prevention andControl of Pollution) Act, 1971 and the Air (Prevention and Control of Pollution) Act, 1984 and rules framed thereunder and consequently, direct the Respondents to consider the application of the Petitioner Company for expansion of unit without reference to operational guidelines issued pursuant to G.O. Ms. No.31 of 2019 dated 24-05-2019 in the interest of justice.
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 preased to dispense with the firing of certified copy of the rmpugned Judgment passed in Application No. 69 of 2013 and batch tSZl (THC) dated 24_10_2017, by the Honourable National Green Trjbunal [Chennai Bench]; and to pass
lA NO:2 OF 2020
Petition under Section 15'r cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to stay the impugned notice in Lr.No.NGT/pcB/Ro/Rcp/2019-497 dated o6-i 1-2019, issued by the 2nd Respondent;
Counsel for the Petitioner: SRI ANAND KUMAR KAPOOR
Counsel for Respondent Nos..l & g: Gp FOR FORESTS
Counsel for Respondent No. 2: SRI p. SHIV KUMAR
The Court made the following: COMMON ORDER
?HE HON'BLI THE CHIEF JUSTICE SATISH CHANDR.A SHARMA AND
TH: )HON'BLE SRI JUSTICE N. TUKARAMJI
W.P.Nos.2465 45 8 . 25206. 25207 ard 25208 of 2OL9 &, 127 | of 2 o20
COMMON ORD,\Ri eet he Ho^'blethe ChelJusn.e salish ctandraShrnna)
Regard be ng had to the controversy involvedin the aforesaid cases, they wer e heard together and are beingdec:ided by a common order. '
The facts c 1W.P.No.24658 of 2019are reproduced as under:- The petit oner before this courtiM/s. BulkDrug Manufacturers \ssociation oflndia, an AssociationoiDrug Manufacturers,r Las filed thispresent petition beingaggrievedby the action of tl e TelanganaStatePollution Control Board in issuing the imp rgnedguidelinesto make contributiontowards Corpus Fund a the rateof 1% of the annual turnoverfor expansion of inr ustries and0.57o of the annual turnoverfor restoration of th( entireaffectedarea and for creation of Corpus Fund in the name of "Patancheruand Bollaram EnvironmentRelief Fund" etc. The u rdisputedfacts of the case also make it very clear that the entireixercise has beeninitiatedon accountof the judgment dated 24.lO.2017delivered by the NationalGreen Tribunal, Southerr Zone Bench, Chennai,in ApplicationNo 90 of 2013 and batch.
A similar( ontroversyarose inrespect of M / sCl-rromo Laboratorieslndi rLimited and M / sSuvenPharm€tcellticals Limited, havingl1eir units at SangareddyDistrict'Telangana' M/s. ChromoL rboratories India Limited and M/sSuven PharmaceuticalsL:mitedwere also issued show causenotices and y orders werepass( d on Ol '02 '2021 directing them to contribute
towardsCorpus Fund and the companies' stating that they are having unitsin SangareddyDistrict and the judgment is not applicableto them, came up beforethis court by filing writ petitions i.e.,W'P.Nos.4118and 4143 ol 2O2l' A Division Bench of this courthas passed anorder dated26 'O3 '202I in W.P.Nos.4118 and4143 of 2O2I, which is reproducedas under:-
"1, Thepresentpetitions hauebeen ftledbg ltlepetitionerspraang inter alia lor declanngthe acttonol the respondentNo'2/ Telnnganastote Pollution ControlBoatdin demanding contibutionto the corpusfun-d created. by it, in tefltsof the orders dated 24'10'2017pcssed bA the National GreenTribunal, Southem Bench, Ctennaiin a batchof matters' as illegal and arbitrary'
3, We decline to entettainthe presentpetitions.The sameare occordingtg closed alongwith the pending opplications'if ang.It b fot th.e petitioners to approdchthe No,tiono,lGreen Ttibunal JorclaiJication of its order dated 24.10.2017a\d/or to seek (lppropidte otdets to theelJect that thea are not under anAobtigation to contibuteto the corpus fund.as d.irected to be created bA theNationol Oreen Tibunal in terrnsof theorder dated 24.10.2017.'
In the considered opinion of this court,as the impugned guidelines have been issued by the Telangana StatePollution Control Board in respect ofpayment of CorpusFund etc.,in terms of the order of the National Green Tribunal, in case the petitioners are aggrieved, the remedy lies before the National Green Tribunal, keeping in view the aforesaid order passed by a Coordinate Bench and therefore, the petitioners are also free to approach the National Green Tribunal.
-)
(
Resultan:1y, admissionis declined'The writ petitions stand
disposedof wit -l liberty to the petitionersto approach the Nationai
GreenTribuna .
The mis<ellaneousappiications pending in this writ petition'
if any,shali str nd closed'There shall be no order as to costs'
SD/. K.AMMAJI
ASSISTANTREGISTRAR
,TRUE COPY// ,l
\
SECTION O.FFICER
to'',. On" CCto Sri /ellapragada SrinivasaMwthy AdvocateIoPUCI , 3. i;; One dd CCJ to io- Sri o :). tr Shi'i i1ft;':;tf,SltSJiUla State -or're I a n san a roUrl ; 5;; d6 i; 5;iI a s'biJn;'anvamAdvocate loeuQ) 5. One CCto Sri rn'nif"irKaioor' Advocate (OPUC)
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HIGH COURT./
DATED: 09t12t2021
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COMMON ORDER
WI, NOS: 24658, 24582, 2520G, 25207 AND 25208 0F 2019 & 1271 0F 2020
DISPOSINGOF THE WRIT PETITIONS WITHOIJTCOSTS
s5
M/s Bulk Drug Manufacturers Association of India
State of Telangana
Telangana State Pollution Control Board
M/s Dr. Reddys Laboratories Limited
Y.N. Reddys Laboratories Limited
Markwell Hose Industries Pvt. Ltd
Satish Chandra Sharma
N. Tukaramji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
