The High Court dismissed two writ petitions and a connected interim application filed by M/s Nakoda Chemicals Ltd. due to withdrawal by the learned counsel for the petitioner, order without costs.
Nothing; petitions dismissed as withdrawn.
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 COURTFOR THE STATEOF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THESEVENTHDAYOF DECEIVBER TWO THOUSANDANDTWENTYONE
PRESENT
THE HON'BLETHE CHIEF JUSTICE SATISH CHANDRA SHARMA ' AND
THE HON'BLESRIJUSTICEN. TUKARAMJI
r.A.NO.2 oF202OINW PNO:12816 0F 2020
AND
w.P.NOS.12816 AND33 06 0F 2020
wP NO,128160F 2020:
Between:
Ivl/s.NakodaChemicalsLtd.,PlotNo'64/Aand65/8'Phase-llDA'Jeedimetla'rillediri"i'oi.n"p- bv iiabiretorSri' RAJKUMAR AGRAWAL ...pE,,oNER
AND
...RES'.NDENTS
Petition under Article226 ol the Constitutionof lndia prayingthat in the cirCUmstanCesstatedintheaffidavitfiledtherewith,theHighCourtmaybepleased toissueanappropriateWrit,moreinthenatureofWritofMandamusdeclaringthe actionoftheRespondentsinnotconsideringtheApplicationofthePetitionerfor expansion dated08/09/2016 in terms of the Provisionsof Notificationof Ministry of Environment,Forest and Climate Change' Notification S'O 1223(E)dated 27th March,2020,whileextendingthesametotheothersimilarlyplacedUnits'asbeing arbitraryandillegaloffendingArticlel4andlg(1Xg)oftheConsititutionoflndiaand consequentlydirecttheRespondentstoforthwithpassordersontheapplicationfor grantofEnvironmentalClearancemadebythepetitionervideon|ineapplication dated 08/09/2016in terms of Notifications.o.1223(E) dated 27thMarch, 2020
lA NO: 1 OF 2020
PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit filedin support of the petition, the High Courtmaybe pleasedto issuea direction to theRespondentsto forthwith considerthe expansion applicationof the petitioner dated 08/09/2016,in terms of the provisionS of S.o,1233(E)Ministryof Environment,ForestandClimateChangeNotification'dated2TthMarch'2020' pending Writ Petition
2_
/
llNAi2-AEZA29
,/ Petition under section 151 cpc praying that in the circumslances stated in the affidavit filed in s rpport of the petition, the High court may be pleased to issue an appropriate writ, nore in the nature of a writ of Mandamus declaring he action of the Respondents ir rejecting the application of the petitioner Cated 08/09/2016 for expansion in terms o the provisions of circular of IMoEF and cc, n s.o.. 1223(E), dated 2710312020, cr mmunicated through the letter of the Respondent No.2,dated 0710912020 in Lr.No. t/TSpcB. EC/SEtAA/genera/2o14, white extending the benefit to the other similarly clace units; as being arbitrary and illegal violating Articles .14 and 19 (1) (9) of the )onstitution of rndia and consequentry direct the Respondents to forthwith grant Ec for Expansion interms of the Notif ica lion o. 1223 (E) dated 2710312020 and issue such other writ, order or direction as deemed fit and proper in the circumstances of he case
Counsel for the Petiti rner: SRI CH SAMSON BABU
Counsel for Responc :nt No. 1i SRI N. RAJESHWAR RAO ASSISTANT SOLICITOR GENERAL
Counsel for Respond lnt Nos. 2 & 3: SMT. PADMAJA R. N.,
SC FOR TSPCB
WP NO: 3306 OF 202t
Between:
M/s Nakoda lhemicats Ltd.,, plot No.64/4 and 65/8, phase_l tDA, Jeedimefla,Ranr a Reddy Dt. Rep. by its Direror sri. nnJr<urr,rAR nondrinr_ AND ...PET|IONER
3 Telangana Stat€poilution contror Board., Rep.by its [r,4embe- Secretarv. A-3 lndustrial Estate Sanathnagar. HyderabaO SOO Cife-'''- -vvvvivLvi'' r '
...RESPONDENTS
Petition under \rticle 226 of rhe constitution of lndia praying that in the circumstances stated r the affidavit filed therewith, the High court may be pleased to issue an appropriat r Writ, more in the nature of Writ of Mandamus declaring the action of the respon rents in not considering the expansion proposars of the Petitioner on the assr xption that the petitioner's is a case of vioration though no violation case is endir 7 presenfly and despite a crarification to that extent is given by 1st Respondent th? t no public hearing is the required and the further action of the Respondents in r rrding the expansion proposars on the pretext of seeking clarifications from Mini ttry as being arbitrary and ilregar viorative of Articles 14 and 19 (1Xg) of the consl tution of lndia and consequenfly direct the Respondents to pass orders on the ap llication for grant of Environmentar crearance made by the petitioner without insist ng on any public hearing
-'- 3
ition 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 issue a direction to the Respondents to forthwith consider the expansion application of the petitioner, pending Writ Petition
Counsel for the Petitioner: SRI CH SAMSON BABU
Counsel for Respondent No. 1: SRI N. RAJESHWAR RAO ASSISTANT SOLICITOR GENERAL
Counsel for Respondent Nos. 2 & 3: SMT. PADMAJA R. N., SC FOR TSPCB
The Court made the following: COMMON ORDER
\.-- <
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHTIRMA
AND
,
IIE HON'BLE SRI JUSTICEN. TUXARAMJI
t,l ,No.2 of 2O2O in W.P.No.12816 of 2020
&
W.P.Nos. 12816 and 3306 of 2020
COMMON OR DE,R: p", tn" uon'ate the chjef rustice satish chandra sh(1rma)
Learnec counsel for the petitioner prays for withdrawal of the present w it petitions as also I.A.No.2 of 2O2O in W.p.No.12816 of 2O2O.
Both th writ petitions and I.A.No.2 of 2O2O in W.p.No. 12816 of 2O2O are a< :ordingly dismissed as withdrawn.
Pending miscellaneous applications, if any, sha11 stand
closed. There shall be no order as to costs.
//TRUE COPY'
SD/-T,TIRUMALA DEVI ASSIST/\NT REGISTRAR ,--'
\ \
SETCTION OFFICER
To, 1. One CC to Sri )h Samson Babu Advocate IOPUC] 2. One CC to Sri lamavarapu Rajeswara Rao, Assistant Solicitor General (OPUC) 3. One CC to Sm Padmaja R. N., SC for TSPCB (OPUC) 4. Two CD Copie 5. One Spare Co1 y IVBC SW v
HIGH COURT
DATED: 0711212021
1 ?c erA I'E o <br>&
2 I Dtc 20ii
..* .r/
t
COMMON ORDER
l.A NO.2 OF 2020!N WPNO: 12816 OF 2020 AND W.P.NOS.12816 AND3306 0F 2020
DIS MISSING THE IA & WP AS WITHDRAWN,
WITHOUT COSTS
/
?)
\ )"<br>
2 provisions across 2 enactments
M/s Nakoda Chemicals Ltd.
Union of India
Telangana State Environmental Impact Assessment Authority
Telangana State Pollution Control Board
SATISH CHANDRA SHARMA
N. TUKARAMJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
