Disposed

Vislavath Sangameshwar v. The State of Telangana and 13 others

Telangana HC18 Jan 2022WP/12022/2020

Case brief

AI extract

What is this about?

In this writ petition filed under Article 226 of the Constitution of India, petitioners challenged illegal stone crushing activities. The Court directed the State Government to ensure the implementation of closure orders passed by the Telangana State Pollution Control Board and directed Revenue authorities to take stern action within four weeks.

What did the court decide?

Direction to State Government to ensure implementation of closure orders against illegal stone crushing units within four weeks under penalty of contempt proceedings.

Vislavath Sangameshwar Vs The State of Telangana… — Writ and Judicial Review | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY, THE EIGHTEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND

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THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

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WRIT PETITION NO: 't2022 OF 2020

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Betwee n:

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Vislavath San_gameshwar, S/o. Late Vislavath Laliya Naik. Aged about 36 years Occ. Private Service Rt/o. H No,8-3-228/6181i477t1, Srirari Nagar Hyderabad Telangana State.

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...PETITIONER

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AND

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The State of Telangana, Rep by its Chief Secretary B.R.K. Bhavan, Secretariat Buildings Saifabad, Hyderabad -5000 22.

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The State of Telangana, Rep by its Prrncipal Secretary, Environment Forests Science and Technology Department BRK Bhavan, S'ecrbtariat Buildings Saifabad, Hyderabad -500 022.

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J. The State of Telangana, Rep by its Special Chief Secretary Health, IVedical and Family Welfare Department, 6th Floor, D Block, BRKR Bhivan, Secretariat Buildings, Saifabad, Hyderabad -500022

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The Telangana State Pollution Control Board, Rep by its Member Secretary Paryavaran Bhavan, A-3 lndustrial Estate, Sanathnagar, Hyderabad- 5000-i8.

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The Joint Chief Environmental E_ngineel ( JCEE ), TS;PCB 2onal Office, Ranga Reddy District H No. 6-3-1219, Sy No. TS No. 1 Part Block -C Ward No. 91, Near Country Club Uma Nagar Begumpet Hyderabad -500016.

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o. The Environmental Engineer ( EE ), Regional Office- I TS Pollution Control Board H No. 5-1-28, Shantinagar, Sangareddy District Telangana State.

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The District Collector, and Magistrate Ranga Reddy District H No. 6-2-10, Lakdikapul, Hyderabad, Telangana State 500 004.

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o. The District Collector and Magistrate, Sanga Reddy District Vidyanagar Colony Sanga Reddy Telangana -502295.

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o The Metropolitan [,4agistrate, Hyderabad lVletropolitan Development Authority, Hyderabad Telangana State

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10 The Joint Managing Director, ( Fin Comml and HRD )Telangana Transco, Vidyut Soudha, Khairatabad, Hyderabad Telangana State -500082.

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11 The Superintending Engineer, TSSPDCL Cybercity Circle, Ranga Reddy District Telangana State.

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12 The Superintending Engineer, TSSPDCL, Rajendranagar Circle, Ranga Reddy District, Telangana State.

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13 The Superintending Electrical Engineer, TSSPDCL, Sangareddy District Telangana State.

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14 The Divisional Electrical Engrneer, TSSPDCL, lsnapur, Sangareddy District Telangana state

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...RE'P.N,ENTS

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Petition under Article 226 of the Constitution of lndia praying that in the

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circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF IVANDAMUS directing the respondents to dismantle the stone crusher units, which are operating illegally without having consent for operation in Ranga Reddy District and Sanga Reddy District obtained from the Respondent No.4, while taking such other steps to prevent pollution of air and water from such illegal stone crushing u nlts

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I /

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Counsel for the Petition lr:^{SRI NARASIMHA RAOK' S. A'}

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Counsel for Responden^{: No. 1: GP FOR GENERAL ADMINISTRATION}

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Counsel for Responden:^{No.2: GP FOR FORESTS}

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Counsel for Responden: No.^{3: GP FOR MEDICAL' HEALTH&} FAMILY WELFARE

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Counsel for Responder:^{Nos. 4 to 6: SRI P. SHIV KUMAR}

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Counsel for Responder:Nos.7^{& 8: GP FORREVENUE}

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Counsel for Responder:^{No. 9: SRIY. RAMA RAO}

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Counsel for Responden:Nos.^{10 to 14: SRI R. VINODREDDY,} SC FOR TSSPDCL

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The Court made the^{foll rwing: ORDER}

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THE HO^{N,BETHECHIEFJUSTICE SATISITCIIANDRA} PMI AND THE HON'BLE^SRIJUSTICE AND

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WRIT PETITIO^{N No.12022 of 2020}

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ORDER: eer^{theHon'blethe ChieIJusticeSatishChqndra Sharma)}

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The petitioner^{beforethis Court has filed the present} writ petition^{stating that illegal and unauthorisedstone} crushing^{activities within 10 kms radius of Himayathsagar} and tleY^{should be} and Osmansagar^{lakes are golng on} stopped^forthr'vith.

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the matter^{and the} This Court^{has issued notices in} Telangana^{State Poliution Control Board(hereina-fterreferred} toas,theBoard)hasfiledanexhaustivereportgivingallthe minute details^{of the variousstone crushers and has brought} on record^{the closure orders issued by the Board'} Learned^{Standing Counsel for the Board has stated} before this^{Courtthat after passingthe ciosure orders' the} revenue authorities^{have been informedin the matter to take} stern action^{and to ensure that no mining activity/ crushing} Learned^{Government Pleaderfor} activity takes^place ' Revenue, at^{this Stage, has stated before this Courtthat the} orders^{passedby the Board shal1 be implemented positively} within four^{weeks,if they have not been implemented so far'} Resultantly,^{the presentwrit petition is disposedof with} a direction^{to the State Governmentto ensure that the orders} passed by the^{Board areimplemented andno}

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mining/crus,ring activity takes place in respect of the area in question. It is made clear that in case the orders passed by the Board al e not implemented by the revenue authorities, this Court s rall be taking suo motu contempt proceedings against the rr venue authorities.

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l*t a <cmpliance report be filed before the Registrar Genera-l of th s Court positively within a period of six r,r,eeks.

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The mi;cellaneous applications pending, il' any, shail

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stand closed. There sha-ll be no order as to costs.

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SD/. P. PADMANI\BHA REDDY ASSISTANI' REGISTRAR

//TRUE COPY//

. ll)

SECTION OFFICER

To,

'1 . The Registrar Gen lral, High Court for the State of Telangana at Hyderabad. 2. The Chief Secretar^y B.R.K, Bhavan, State of Telangana Secretariat Buildings Saifabad, Hyderab rd -5000 22.

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The Principal Secr rtary, Environment Forests Science and Techno ogy Department, State )f Telangana BRK Bhavan, Secretariat BuilJings Saifabad,

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Hyderabad -500 0: 2.

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1. The Chief Secretar / Health, Medical and Family Welfare Departmert, State of Telangana 6th Flo )r D Block BRKR Bhavan Secretariat Buildirgs, Saifabad Hyderabad -50002 i

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The Member Secr( tary, Telangana State Pollution Control Board, Paryavaran

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Bhavan, A-3 lndus 'ial Estate, Sanathnagar, Hyderabad- 5000 18.

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The Joint Chief En ironmental Engineer ( JCEE ), TSPCB Zonerl Office, Ranga Reddy District H N, . 6-3-1219, Sy No. TS No. 1 Part Block -C Warcl No. 9'l , Near Country Club Uma \agar Begumpet Hyderabad -500016.

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The Environmental Engineer ( EE ), Regional Office- | TS Pollulion Control Board H No. 5-1-28, Shar tinaQar, Sangareddy District Telangana State,

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The District Collect rr, and lvlagistrate Ranga Reddy District H No. 6-2-10, Lakdikapul, Hydera rad, Telangana State 500 004.

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The District Collect rr and Magistrate, Sanga Reddy District Vidyanagar Colony Sanga Reddy Telar gana -502295.

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The Metropolitan IV ?gistrate, Hyderabad Metropolitan Developnrent Authority, Hyderabad Telangr na State

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11.The Joint Managinl Director, ( Fin Comml. and HRD ) Telangana Transco, Vidyut Soudha, Kh; iratabad, Hyderabad Telangana State^-500082.

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12.The Superintendin( Engineer, TSSPDCL Cybercity Circle, Ranga Reddy District Telangana State.

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13.The Superintending Engineer, TSSPDCL, Rajendranagar Circle, Ranga Reddy District, Telangana State.

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14.The Superintendinl Electrical Engineer, TSSPDCL, Sangareddv District Telangana State.

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15.The Divisional Elec rical Engineer, TSSPDCL, Isnapur, Sangareddy District Telangana State.

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'16. One CC to Sri Nare simha Rao K S A Advocate [OPUC]

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17.Two CCs to GP Fc'General Administration, High Court for the State of Telangana. [OUT]

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18.Two CCs to GP Fc'Forests, High Court for the State of Telangana. [OUT] 19.Two CCs to GP Fc'Medical, Health & Family Welfare, High Court fcr the State of Telangana. [OUl I

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20.Two CCs to GP Fc Revenue, High Court for the State of Telangana. [OUT]

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One CC to Sri P. Sl iv Kumar , SC for TSPCB^(OPUC)

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22.One CC to Sri Y. R; ma Rao, Advocate^(OPUC)

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23.One CC to Sri R. Vi rod Reddy, SC for TSSPDCL^(OPUC)

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24.Iwo CD Copies

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One Spare Copy

MBC

URGENT

HIGH COURT

HCJ & AKS,J

DATED: 1810112022

1 !', ai T4
cl
2 0 ,tAil2il2

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ORDER

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WP.No.12022 of 2020

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DISPOSING OF THE WRIT^PETITION

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WITI-IOUT COSTS

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' o.
(,,

Vislavath Sangameshwar v. The State of Telangana and 13 others

Case brief

What is this about?

What did the court decide?

Vislavath Sangameshwar v. The State of Telangana and 13 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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