This PIL petition challenged alleged unauthorized operation of crushers and hot mix plants causing pollution. The Court examined affidavits confirming the units held valid statutory permissions from the Pollution Control Board and Mining Department.
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 JUNE
TWO THOUSAND AND TWENTY TWO
PRESENT
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION(PIL ) NO: 75 OF 2017
Between:
K.Sudarshan, S/o late Vishwanath, Aged about 40 years, Occ: Agriculture, R/o Raju Colony, Gudi Hathnoor Mandal, Adilabad District, T.S.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of Constitution of lndia praying that in the circumstances state, in the Affidavit filed therewith, the Hirlh Court may; be pleased to issue a V rit, Order or direction more particularly orre in the nature of Writ of Mandamus d rclaring the inaction of the respondents'.al(ing action against the unofficial resp,ndents as they are running their Lrnits of crushers, manufacturing of tar llegal and unauthorizedly without obtaining proper permission from the concerned authorities for whrch the petitioner's villa(Jers suffering with health problems, aqr r;ultural sector, animals, roads, frequent a,lcidents, as illegal, arbitrary and in viol' tion of Article 14,21 and 300-4 of the C;onstitution of lndia and consequently lirect respondents considering the representations dated 07-03-2016, 05-12 2016 and 23-01-2017 made by the petitioner initiate appropriate action i gainst the unofficial respondents and thr,rir units by way of closing their units.
WP(PIL)MP. NO: 14 t OF 2017
Petition unde Section 151 CPC praying that in the circlrmstances stated in the affidavit filed in support of the petition, the High Court nrery be pleased direct respondents consid )ring the represenlations dated 07-O3-2O' 6, 05-12-2016 and 23-01-2017 made t I the petitioner initiate appropriate actior against the unofficial respondents and tl;ir units by way of closing their units pernding disposal of the above writ petition.
Counsel for the Pe itioner: SRI M.A.K.MUKHEED
Counsel for the Re ;pondent No.5: SRI P.SHIV KUMAR (SC: FOR TSPCB)
Counsel for the Rr spondent Nos.7 & 8: GP FOR MINES & GEOLOGY
Counsel forthe Rr spondent No.6: GP FOR PANCHAYAT RAJ & RURAL DEV
Counsel for the Rr spondent Nos.1 to 4: GP FOR REVENUE
Counsel for the R, spondent Nos.9 to 12: None Appeared
The Court made t e following: ORDER
THE HON'BLE TIIE CHIEF JUSTICE SATISH CHANDRA SHARMA AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION (PILI No.75 of 2Ol7
j'.I n,sr.. snnsh (-l"rd.a shotna)
The pct itioncr bef<.rre this Court has filed the present writ petjtion by way ol Public lnterest Litigation srating that certain crushers/ hot mix plants have been established by the respondent Nos.9 to l2 causing pollution in the locality.
A detailcd and cxhaustivc counter afhdavit has been filed bv the Assistanl Director of Mincs and Geologr and paragraphs 5 to 9 arc rcproduccd as under:-
"5 lr rs sul)mrtted tliat. in rcspect ol respondcnt No.9 - M/s.CS lnlra Private l,imited having a crusher unit and a Tar manufacturing urrit in Sv.No.26 I 14 /Al and 26114O/2 of UmriB(Vl, Cudihathnoor (M), Adilabad District presently both the units are u,orking. The units are located at a distance of about I Krn frorn the habitation Sury,aguda _village. Tire unit holder' obtained Mineral Dealer Licence No.NrOi2017006, valid upto 21.03.2022 issued by the Department of Mines and Geologr. The Unit holder obrained Consent For Dstablishment (CFE) from Telangana State Pollution Control Board (TSPCBI vide Order No.NZB 48l IPCt,i7.OIRCPICFt l20lT-629, dt.25.04.2O17 and Consent For Opcration (CFO) Order No.TSPCB/ZOI RCP /NZll I 481/W&A2Ol7 I174, dated.26.07.2017 towards stone crushing unit valid Lrpto 30.06.2022 and Consent Order No.TSPCB /ZOl RCf' INZR /4Bt /CFO l2Or7 -r9O8, dated 08.ll. 2017 towaros'iar unit valid upto 30.06.2022.
working. Telangana State l)ollution Control Board had issued Consent Order No.'l'SPC B /7-O IRCP INZII l552lCFO l20ta-8o6, dated 18.05.2018 torlards st{)ne Hot Mixing Plant valid upto 24.O2.2024.
The affidavit makes it verv clear that the respondent Nos-9 to l2 have obtained statutory permissions such as Consent For Establishfnent (CFtr) and Consent For Operations (CFO) from the Telangana State Pollution Control Board. They have obtained M ineral Dealer Licence from the Mining Department and they are continuing their operations. Meaning thereby, after obtaining due statutory permissions required to operate the crushe rs/ hot mix plants, the respondent Nos.9 to 12 are operating their establishments.
Learned standing counsel [or the Telangana State Pollution Control Board has also stated before this Court that they are keeping periodical check over the establishments operated by the respondent Nos.9 to 12.
ln viert, ct-he aforesaid, no furlhcr orclr:rsi're rt quircdto bc pzrssed inthisPublicIntcrt:st Litigationlit:'ri cvtr'thc Te langana Stz tePollutit)n Control Board shzrll ( or.rLinueto monitor theur rts in question periodically'
The Pub ic lnterestLitigationis accordinglv disposed of'
Pending miscellaneousapplications,ifan-v, shallstand
closed. There;hallbe no order as to costs'
SD/-K.AMMAJI
ASSIS;TANT REGISTRAR
'- l,. \
,TRUE COPY// l,. \ I;ECTION OFFICER
To,
HIGHCOURT
DATED:09/06/2022
ORDER
WP(PlL).No'7sof 2t 17
DlsPoslNGoF Tr E wP (PlL) WIHOUTCOSTS
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a)
ilr 4j'
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2 issues framed by the court
Whether the High Court should issue a writ declaring illegal operation of crushers and hot mix plants.
Whether the High Court should direct closure of units lacking statutory permissions.
K.Sudarshan
State of Telangana
M/s C.V. Infra Pvt Ltd.
M/s Balaji Road Constructions
G. Srinivas Metal Industry
M/s Mohd Mumtaz Hot Mix Plant
Satish Chandra Sharma
Abhinand Kumar Shavili
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
