Telangana High Court
WP/20556/2006 of M/s. Sri Vinayaka Agro Industries, Chalapathi Village, Vs The District Panchayat Officer, Warangal,Warangal on 26 December 2006
P.S. NARAYANA Writ Petition No.20556 of 2006 Date: 26th December, 2006 Between :- M/s.Sri Vinayaka Agro Industries, Chalapathi village, Duggondi Mandal, Warangal District rep. by its Managing Partner Dubba Ramesh .. Petitioner And The District Panchayat Officer, Warangal, Warangal District
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Conclusion
HON'BLE SRI JUSTICE P.S. NARAYANA
Writ Petition No.20556 of 2006
thDate: 26December, 2006
Between :-
M/s.Sri Vinayaka Agro Industries,
Chalapathi village, Duggondi Mandal,
Warangal District rep. by its
Managing Partner Dubba Ramesh Petitioner
And
The District Panchayat Officer,Respondents Warangal, Warangal District and 2 others ..
..
HON'BLE SRI JUSTICE P.S. NARAYANAWrit Petition No.20556 of 2006
-ORDER:
1. This Court issued rule nisi on 28-9-2006 andgranted interim suspension for a limited period which isbeing extended from time to time.
2. The Writ Petition is filed for a Writ of Mandamusdeclaring the proceedings dated 26-9-2006 issued by the2[nd] respondent and also the proceedings dated 22-9-2006 in Memo No.3571/06/A4 issued by the 1[st]respondent as illegal, arbitrary and without jurisdiction andpass such other suitable orders.
3. It is stated that by both the Counsel, the Counselrepresenting the writ petitioner and also Sri Prem Sagar,the learned standing Counsel representing the GramPanchayat in question, that on 29-9-2006, theA.P.Pollution Control Board, Regional Office, Warangal, had made the following Order:- A.P.POLLUTION CONTROL BOARD
REGIONAL OFFICE, WARANGAL
Balasamudram, Hanamkonda, Warangal – 506 001.
CONSENT ORDER FOR ESTABLISHMENT
Sub:- M/s.Vinayaka Agro Industries Sy.No.291 & 294/A,Chelaparthi
(v) , Duggondi (M), Warangal District – Consent forEstablishment of the Board under Section 25 of Water(Prevention & Control of Pollution) Act, 1974 and underEstablishment of the Board under Section 25 of Water(Prevention & Control of Pollution) Act, 1974 and under Section 21 of Air (Prevention & Control of Pollution) Act,1981 – Issued – Reg.
Ref:- 1. Your application Dt.6-9-2006
2. Consent Clearance Committee meeting held on 29- 9-2006
3. Undertaking submitted on 29-9-2006.
-: o0o :-
i) In the reference cited you have submitted an applicationseeking consent for establishment to set up a Unit to produce theproduct swith installed capacity as mentioned below, with atotal project cost of Rs.93.82 lakhs.product swith installed capacity as mentioned below, with atotal project cost of Rs.93.82 lakhs.
Productions:
1. Boiled Rice / Steamed Rice – 35 TPD
Byproducts:
i) Broken rice 5.0 TPD, ii) Rice bran – 5.0 TPD,
iii) Paddy Husk – 10.0 TPD
ii) As per your application, you are locating the industry atSy.No.291 &Sy.No.291 &
294/A, Chelaparthi (v), Duggondi (m), Warangal District.
iii) The above site was inspected by EE (FAC) & AEE ofRegionalRegional Office, A.P.Pollution Control Board, Warangal on 19-8-2006and found that it is surrounded by Agricultural landsfollowed by Singarai cheruvu at distance of about 600 mtrsin Northern direction, open land followed by Narsampet toWarangal Road in Southern direction, Agricultural landsfollowed by Laknepalli lake at a distance of 1.5 KM andLaknepalli village at a distance of about 2 KM. in Easterndirection and Agricultural lands in Western direction. Thenearest human habitation is Chelaparthy village which is ata distance of about 1.6 KM., towards North-East direction.
iv) The Board, after careful scrutiny of the application andinspectioninspection report of your proposed unit, hereby issued CONSENTFOR ESTABLISHMENT to your unit under Section 25 ofWater (Prevention and Control of Pollution) Act, 1974 and under Section 21 of Air (Prevention and Control ofPollution) Act 1981 and the rules made there under. Thisorder is issued to Produce/Manufacture the productsmentioned at para (i) only.
v) The order is issued from Pollution Control point of viewonly. Zoningonly. Zoning and other regulations are not considered
vi) This order is valid for a period of 5 years from the date ofissue.
vii) This consent order now issued is subject to the conditionsmentioned in Schedule “A” and Schedule “B”.
Sd/-
Environmental Engineer (FAC)A.P.POLLUTION CONTROL BOARD,Regional Office, Warangal.
4. In the light of the several facts which had beennarrated in paras 2 to 6 of the affidavit filed in support ofthe Writ Petition and also taking into consideration theimpugned proceedings in the Writ Petition and also in thelight of the orders placed before this Court dated 29-9-2006, no further orders are required to be passed. Accordingly, the Writ Petition is disposed of. No order asto costs.
26[th] December, 2006
smr
_________________Justice P.S.Narayana