Several writ petitions seeking to quash closure notices and orders issued by the TSPCB and GHMC against various business establishments were disposed of as infructuous by the High Court of Telangana.
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 EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI AND THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION NOS: 6134 6136 6193 6233 6355 6373 6432 AND 9220 0F 2020
wP NO.6134 0F 2020:
Between:
t,4/s .NirmalaPoly Pack, Representedby its proprietorJasarajKumar Sund he-she. Sio. Pratap Sundhesha, Aged ab6ut. 3B years, Occu. Business B-1207 t1 403' Tatanagar' Hyderabad
AND
...pETrroNER
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, direction or order more particularly one in the nature of wRlr oF MANDATMUS by declaring impugned notice dated 07lo3t2o2o vide closure notice No. 007/1 1/c, issued by the 3rd Respondent herein and also the closure orders tssued by the 4th Respondent herein vide order No. 3-RR-l/TSpcB/Ro.l-RRD/2020994 dated 1210312020, as Null and void, illegal, arbitrary, irrational, u nco nstitutio na I and contrary to the proviiions of GHMC Act, 1955 and also water (prevention and control of Pollution) Acl 1974 and Air (Prevention and control of pollution) Act 1981 , and consequently to set aside the same, in the interest of justice
lA NO: 1 OF 2020
Petition under section 151 cPC praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondents herein not to take any coercive steps for closing the unit of the Petitioner herein being run in premises No.B-1-2071 1403, Tatanagar, Mailardevpally, Ranga Reddy District, pursuant to the closure notices issued by the 3rd and 4th Respondents herein dated 0710312020 and 1210312020 respectively, by suspending
l
the said notices, pending disposal of the present writ petition, in the interest of JUStice
Counsel for the Petitioner: SRI PAWAN KUMAR AGARWAL
Counsel for Respondent No. 1: GP FOR MUNIC|PAL ADMINISTRATION & URBAN DEVELOPMENT
Counsel for Respondent Nos. 2 & 3: SRI N. ASHOK KUMAR,
SC FOR GHMC
Counsel for Respondent No. 4: SRI P. SHIV KUMAR,
SC FOR TSPCB
Counsel for Respondent No. 5: SRI R. VINOD REDDY, SC FOR TSSPDCL
WP NO: 6'136 OF 2020
Between:
I,4/s. Lakshmi Packaging, Represented by its Proprietor Banda Satyanaravana S/o Jangaiah Aged about . 38 years. Occu Business 8-1-20111403.'Tatanigar, Hyderabad.
...PETITIONER
AND
"orrorhln!Jg8if8_1.
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, direction or order more particularly one in the nature of wRlr oF MANDAMUS by declaring the closure orders issued by the 2nd Respondent herein vide order No. 15-RR-|/TSPCB/ZO-HYD12020-1023 daled i2t03t2020, as Null and void, illegal, arbitrary, irrational, unconstitutio na I and contrary to water (prevention and control of Pollution) Act 1974 and Air (Prevention and control of poilution) Act 1981 , and consequently to set aside the same, 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 pleased to direct the Respondents herein not to take any coercive steps for closing the unit of the Petitioner herein being run in premises sy.No. 266, 261 , Tatanagar, Ir,4arlardevpally, Ralendranagar Mandal, Ranga Reddy District, pursuant to the closure notice issued by the 2nd Respondents herein dated i2lo3l2o2o respectively, by suspending the said notice, pending disposal of the present writ pelition, in the interest of justice, Counsel for the Petitioner: SRI PAWAN KUMAR AGARWAL
Counsel for Respondent Nos. 1 & 2: SRI p. SH|V KUMAR, SC FOR TSPCB
.,1
Counsel for RespondentNo. 3: SRI R. VINODREDDY, SC FOR TSSPDCL
WP NO: 6193 OF 2020
Between:
M/s. Om Products, Representedby its Proprietor om Prakash Goel s/o. Navrang rJi go"i. Ased about 7iyears. occu Busin6ss Sv.no.2B9,ratanaoar'.[1{3ffi$O
AND
Petition under Article226 oflhe constitutionof lndia praying that in the circumstances statedin the affidavitfiled therewith,the High Court may be pleased to issue a writ, directionor order more particularlyone in the natureof wRlT oF t,lANDAN/US by declaringthe closure orders issued by the 2nd Respondentherein vide closer order No. 3-RR-l/TSPCB/RO.l-RRD/2020-1007dated 12-03-2020,as Null and void, illegal,arbitrary, irrational,u ncon stitutio na I and contrary to water (Prevention and control of Pollution)Act 1974 and Air (Preventionand controlof Pollution) Act1981 , andconsequently to set asidethe same,in the interest of justice
IA NO 1 0F 2020
Petition under Section151 CPC praying that in the circumstancesstated in the affidavit filedin supportof the petition,the High court may be pleased to direct the Respondents hereinnot to take any coercive steps for closing the unit of the Petitioner herein beingrun in premisessy.No. 289, Tatanagar, Mailardevpally, Rajendranagar tr/andal,Ranga Reddy District, pursuant to the closureorder issued by the 2nd Respondentsherein dated 12-03-2020by suspendingthe said order' pending disposal of thepresentwrit petition, in the interest of justice Counsel for the Petitioner:SRIPAWAN KUMARAGARWAL
Counsel for RespondentNos. 1 & 2: SRI P. SHIV KUMAR, SC FOR TSPCB
Counsel for RespondentNo. 3: SRI R. VINOD REDDY, SC FOR TSSPDCL
WP NO : 6233 OF 2020
Between:
Mis. Rangoli EPSPfi. Ltd, A company -.lncorporatedunderthe companies Act' nlp. rjv i&-bicio|"rrrii. pran palmai S/o. Sri Gopal Parmnar, having office at 8-1-20i 11219,Tatanagar, Hyderabad ...PEIIoNER
AND
.+
.r/ I
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, direction or order more particularly one in the nature of WRIT OF IMANDAMUS by declaring impugned notice dated 07-03-2020 vide Closure notice No. 007/49/C, issued by the 3rd Respondent herein and also the Closure Orders issued by the 4th Respondent herein vide Order No. 3-RR-liTSPCBiRO.t-RRD/20201014 dated 12-03-2020, as Null and void, illegal, arbitrary, irrational, u nco nstitutio na I and contrary to the provisions of GHIvIC Act 1955 and also Water (Prevention and Control of Pollution) Act 1974 and Air (Prevention and Control of Pollution) Act 198,1 , and consequently to set aside the same, in the interest of justice
lA NO: 1 OF 2020
Petition under Section 151 CPC prayino that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents herein not to take any coerclve steps for closing the unit of the Petitioner herein being run in premises No.B-1 -207112l9, Sy. No. 134120, Tatanagar, lr/a ilardevpa lly, Rajendranagar, Ranga Reddy District, pursuant to the closure notices issued by the 3rd and 4th Respondents herein dated 7 -03-2020 and'12-03- 2020 respectively, by suspending the operation of the said notices, pending disposal of the present writ petition, in the interesl of justice,
Counsel for the Petitioner: SRI KUSHAAL AGARWAL
Counsel for Respondent No. 1: THE ADVOCATE GENERAL
GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT
Counsel for Respondent Nos. 2 & 3: SRI N. ASHOK KUMAR,
SC FOR GHMC
Counsel for Respondent No. 4: SRI P. SHIV KUMAR, SC FOR TSPCB
counsel for Respondent No. 5: sRl R. vlNoD REDDY,
SC FOR TSSPDCL
WP NO: 6355 OF 2020
Between:
l//s. Ganesh Plastics, Represented by its Proprietor Padave Ganesh Sio. PKashinath, AgeQ -3 years, occ. Business H.No. B-1-207i50lA, Tatanagar, Mylardevpally, Hyderabad.
...PETITIONER
AND
)
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, direction or order more particularly one in the nature of writ of mandamus by declaring impugned closure orders issued by the 2nd Respondent herein vide closure order No. 1S-RR-|/TSpcBlzo-HyDfiFl2o2o-1056 dt. 12-032020 as Null and void, illegal, arbitrary, irrational, unconstitutional and contraryto the provisions of water (Prevention and control of poiution) Acl 1974 and Air (Prevention and control of Pollution) Act 19g1, and consequenfly to set aside the same. in the interest of justice
lA NO: 1 OF 2020
Petition under Section'1 5'1 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 herein not to take any coercive steps for closing the unit of the Petitioner herein being run in premises No.8-1-207i50lA, Tatanagar, It/ailardevpally, Rajendernagar lr/andal, Ranga Reddy District, pursuant to the closure order No. 'l 5- RR-lirsPcB/zo-HYDfiF12020-1056 dt. 12-03-2020 issued by the 2nd Respondent by suspending the said notice, pending disposal of the present writ petition, in the interest of justice,
Counsel for the Petitioner: SRI KUSHAAL AGARWAL
Counsel for Respondent Nos.1 & 2: SRI P. SHIV KUMAR, SC FOR TSPCB
Counsel for Respondent No. 3: SRI R. VINOD REDDY,
SC FOR TSSPDCL
WP NO: 6373 OF 2020
Between:
AND
lr//s. Soni G Foods, Represented by its Proprietor Anand Soni, S/o. Hari Das Soni , Aged about 35 Years, O-ccu. Buiiness B-1-207123i, B.R. Nagar, Rajendranagar Hyderabad ...pETrroNER
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
6
t,a,' ',/.
to issue a Writ, direction ororder more particularlyone in the natureof WRITOF MANDAMUS by declaring the showcause notice issuedby the 2nd Respondent herein vide Notice No. 3/Complaint/PCB/Ro.1-RRD/2020-966dated 07-03-2020,as Null and void, illegal, arbitrary,irrational,u ncon stitutio na I and contraryto Water (Prevention and Control of Pollution) Act 1974 andAir (Preventionand Control of Pollution) Act 1981, and consequentlyto set aside the same, in the interest of justice
lA NO: 1 OF 2020
Petition under Section 151 CPCpraying thatin the circumstancesstated in the affidavit filed in support of thepetition,the High Court may be pleased to direct the Respondents herein not to takeany coercive steps for closing the unit of the Petitioner herein being run inpremises 8-1'2O71237,B.R.Nagar,Itrlailardevpally, Rojendranagar lt/andal, Ranga ReddyDistrict, pursuantto the Show causeNotice No. 3/ComplainVPCB/RO.l-RRD/2020-966issued by the 2nd Respondents dated 07- 03-2020 by suspending the said show causenotice, pending disposal of the present writ petition, in the interest ofjustice
Counsel for the Petitioner: SRI PAWAN KUMARAGARWAL
Counsel for Respondent Nos.1 & 2: SRIP. SHIV KUMAR, SC FORTSPCB
Counsel for Respondent No. 3: SRIR. VINODREDDY,
SC FOR TSSPDCL
WP NO: 6432OF 2020
Between:
l//s. Sri. Polymers Processor, Represented by its Proprietol Smt. llghq [ary, W/o. Yuvraj Naidu, Aged about . 38 Years, Occu. Business8-1'206131112, B.R. Nagar, Rajendranagar Hyderabad. ...pETtloNER
AND
"oroorl!a!lJ93i,TS.,1,
Petition under Article 226 of the Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, theHigh Court maybe pleased to issue a Writ, direction or order moreparticularly one in the nature of WRIT OF IMANDAN/US by declaring the Show cause notice issued by the 2nd Respondent herein vide notice No. 3/Complaint/PCB/RO.1-RRD/2020-966 dated 07-03-2020, as Null and void, illegal, arbitrary, irrational, unconstitutiona I and contrary to Water (Prevention and Control of Pollution) Acl 1974 and Air (Prevention and Control of Pollution) Act 1981 , and consequently to set aside the same, in the interest ofjustice
'7
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 Respondents herein not to take any coercive steps for closing the unit of the Petitioner herein being run in premises No. 8-1-206131112, B.R. Nagar, Rajendranagar Mandal, Ranga Reddy District, pursuant to the Show cause notice No. 3/ComplainI/PCB/RO.1-RRD/2020-966 issued by the 2nd Respondents herein dated 07-03-2020, by suspending the operation of the said notice, pending disposal of the present writ petition, in the interest ofjustice,
Counsel for the Petitioner: SRI PAWAN KUMAR AGARWAL
Counsel for Respondent Nos.1 & 2: SRI P. SHIV KUMAR, SC FOR TSPCB
Counsel for Respondent No. 3: SRI R. VINOD REDDY,
SC FOR TSSPDCL
WP NO: 9220 OF 2020
Between:
It4/s. Jagdamba Poly Pack, Represented by its Proprietor Mukesh Agarwal, S/o. Mohanlal Agarwai, Aged 38 years, occ. Business H.No, B-1-207112144, Tatanagar' Hyderabad
...pETrroNER
AND
Petition under Article 226 of the Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a Writ, direction or order moreparticularly one in the nature ofWRIT OF MANDAMUS by declaring impugned Closure Orders issued by the 2nd Respondent herein vide Order No. 3-RR-1/TSPCB/RO.1-RRD/2020-1015 dated12-03-2020,as Null and void, illegal, arbitrary, irrational, unco nstitutionaland contrary tothe provisions of Water (Prevention and Control of Pollution) Act 1974 and Air (Prevention and Control of Pollution) Act 1981, and consequently to set aside the same, in the interest ofjustice
t
t// V./'
lA NO: 1 OF 2020
Petition under Section 151 CPCpraying that in the circumstances statedin the affidavit filed in support of thepetition, the High Court may bepleased to direct the Respondents herein not to take any coercive steps for closing the unit of the Petitioner herein being run inpremises No.8-1-207112144, f alanagat, ltzlailardevpally, Rajendernagar Mandal, Ranga Reddy District,pursuant to the closure notices issued by the 2nd Respondent herein dated 12-03-2020, by suspending the said notice, pending disposal of the present writ petition, in the interest of justice
Counsel for the Petitioner: SRI PAWAN KUMAR AGARWAL
Counsel for Respondent Nos.1 & 2: SRI P. SHIV KUMAR, SC FOR TSPCB
Counsel for Respondent No. 3: SRI R. VINOD REDDY, SC FOR TSSPDCL
The Court made the following: GOMMON ORDER
LrL, I I | 2t. l<sup>,,, I
THE HON'I]LE THE C}IIEF.'T]STICEHIMA KOHLI r\ l)
.THE HON'BLE SRI .IUSTICE I}. 'IJAYSEN REDDY
WRIT PETI'IION Nos.6l3{ (r 136 6193 6233 6355 6373 6,132 and 9220 of2020
C ONIMON ORDER:(Pcr thc Hon'blctlreChie f .Irrstice Hinra I(ohli)
survives for adjudication inthe presentpetitions, whichhavebeen
rendered infructuous.
inliuctuous alongwith the pending applications,if any'
SD/-K.SAILESHI
ASSISTANT REGISTRAR
,TRUE COPY//
.,4x\r'./
SECTION OFFICER
To,
1 . One CC to Sri PawanKumarAgarwal AdvocateIOPUCI
4 One CC to SriP. Shiv Kumar, SC for TSPCB(OPU-C)
5 5;; CC io Srin. VinodReddy, SC for Telanglna State Southern Power Distribution CorporationLimited(OPUC) 6. f;; cc;i" i#'nouocat"cenerat,Ftlgd courr for the state of Telangana.[oUT] 7. One CC to Sri KushalAgaruval, Advocate (OPUC) 8. Two CD Copies [/BC
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HIGH COURT
DATED: 1810212021
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COMMON ORDER
WP NOS: 6134,6136, 6193, 6233,6355, 6373, 6432 AND 9220 0F 2020
DISPOSING OF THE WRIT PETITIONS AS
INFRUCTUOUS, WITHOUT COSTS
<br>
l)
M/s. Nirmala Poly Pack
The State of Telangana
Greater Hyderabad Municipal Corporation
Telangana State Pollution Control Board
M/s. Lakshmi Packaging
M/s. Om Products
Hima Kohli
B. Vijaysen Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
