Cause title — parties, addresses and appearances
HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE SEVENTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT PETITION NOS: 19446 19194 19425 20276 20307 AND 20385 0F 2020
Between:
IV/s. CIREX Pharmaceuticals Ltd, Sy.No. 371 (formerly Honour Labs Unit V)
Gundlamachanoor village, Hathnoor (lM) Sangareddy District, rep. by its
Authorised signatory'
...pErroNER
AND
1
2
The State of Telangana, rep by its Principal Secretary, Environment, Forests,
Science and Technology Department Secretariat Buildings, Hyderabad.
The Telangana State Pollution Control Board, Sanathnagar, Hydera bad-50001 B
Rep by its Member Secretary
...RESPONDENTS
Petition under Article 226 of lhe Constitution of lndia praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased
to issue an appropriate writ more in the nature of Writ of Mandamus declaring the
action of the 2nd Respondent in demanding contribution to the Corpus Fund by the
Pet despite the Unit is not in the Patancheru- Bolarum lDAs and brushing aside the
orders of this High Court dated 2011212019 in WP No 2648412019 and issuing the
Show cause Notice in Ref. No. 104/PCB/R O-1.SRD/2020-426, dated 1- 2BtOgl2O2O
and threatening punitive action for the alleged non-contribution as being arbitrary,
illegal and violative of Articles 14 and 19 (1) (g) of the Constitution of lndia and per
contra to the Judgment of National Green Tribunal , Chennai ,rendered in OA no. 69
-72 ol 2013 and batch and also subversive of the provisions of Water and Air Act
and Rules framed thereunder and consequently, direct the Respondents not to
insist upon the contribution to the Corpus Fund and set aside the impugned Show
Cause Notice Dt 29-8-09-2020.
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 stay all
further proceedings pursuant to the Notice , issued by the 2ND Respondent , the
Telangana state Pollution control Board, in Ref. No. i o4lpcB/R 0-
.1 .sRD/2020 -
427, daled 2810912020 pending disposat of the writ petition, in the interest of justice
wP NO.19446 0F 2020:
WP NO: 1S194 OF 2 2l
Between:
AND
M/s. Covalent La ,oratories P\,'t. Ltd., Sy No.374, Gundlamachanoor (V) Hathnoor
iivrinoit)lSANo, .REDDv DIST. Reprdsented bv its manasins o''"tl3lrr,r,o*.*
1. The State of Tela tgana, rep by its Principal Sgqr$a.rYr Environment' Forests'
' s;i"il;;; Tecr r6togy Ddpaitment Seiretariat Buildinos. Hvderabad.
2. i;;i;6;s"n, i "t"
Fbll-;i6; bo;ior eoiid Sinatnna[ai' Hvderabad - 500018
Rep by its Memb ,r Secretary
...RESPoNDENTS
Petition under I rlicle 226 of the Constitution of lndia praying that in the
circumstancesstateditheaffidavitfiledtherewith,theHighCourtmaybepleased
toissueanappropriatlwritmoreinthenatureofWritofMandamusdeclaringthe
actionofthe2ndResplndentindemandingcontributiontothecorpusFundbythe
PetdespitetheUnitistotinthePatancheru-BolarumlDAsandbrushingasidethe
ordersofthisHighCotrtdatedSt2l2o2oinWPNolso6l2o2oandissuingtheShow
cause Notice in Ref. Irr.104/PCB/R O - 1. sRD/2020'425, dated 28109/2020 and
threatening punitive ac ion for the alleged no n-contributio n as berng arbitrary, illegal
and violative of Articler 14 and 19 (1) (g) of the constitution of lndia and per contra
totheJUdgmentofNaionalGreenTribunal,ChennairenderedinoAno.69-72of
20l3andbatchandilsosubversiveoftheprovisionsofWaterandAirActand
Rulesframedthereunlerandconsequently,directtheRespondentsnottoinsist
uponthecontributiont,theCorpusFundandsetasidetheshowCauseNotice'
tA NO: 1 OF 2020
=--l"tifion;Oer S ection 151 CPC praying that in the circumstances stated in
the affidavit filed in su1 port of the petition, the High court may be pleased to stay all
further proceedings p lrsuant to the Notice, issued by the 2ntr respondent' The
Telangana State Pollu on control Board, in Ref:No.'104/PCB/R O-1: sRD/2020-425,
dated2S.0g.2020,penlingdisposalofthewritpetitionintheinterestofjustice.
WP NO: 19425 oF 202 I
Between:
M/s SYNTHOT'EM LABS PVT Ltd' (UNIT ll
iijn.,pisrrimaile 'aam Sangareddy District' rep bv i
)
t
PLOT NO.222 Phase ll
s Authorised Sionatory.
-...PETITIONER
AND
1
2
The State of Telr ngana' rep by its Principal Secretary'.Environment' Forests'
i&;;';,i.i ru, intiogv oepirtment Secretari-at B u ild i nos Hvderabad'
The Telangana I tate PollutiJri'i;;ftiB;;i' sinatnnug'i livderabad-50.01 B
Rep by its Meml er Secretary
...REspoNoENTS
Petition under \rticle 226 of the Constitution of lndia praying that in the
Circumstancesstatedltheaffidavitfiledtherewith,theHighCourtmaybepleased
toissueanappropria.:writmoreinthenatureofWritofMandamusdeclaringthe
actionofthe2ndRes,ondentindemandingcontributiontotheCorpusFundbythe
l
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2-
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)
PetdespitetheUnitisnotinthePatancheru.BolarumlDAsandbrushingasidethe
orders of this High Court passed in WP No 433t2o2o dated 211112020 issuing the
Show cause Notice in Ref. No. 1O4]PCB]12O- l SRD/2020 - 383' dated 2810912020
andthreateningpunitiveactionfortheallegednon.contributionasbeingarbitrary,
iilegal and violative of Articles 14 and 19 (1) (g) of the constitution of lndia and per
contratotheJudgmentofNationalGreenTribunal'Chennai'renderedinOANo'69
-T2ol2olgandbatchandalsosubversiveoftheprovisionsofWaterandAirAct
andRulesframedthereunderandconsequently,directtheRespondentsnotto
insist upon the contribution to the corpus Fund and set aside the impugned Show
CauseNoticeDt2S.0g-2o20andissueSuchotherWritororderordirectionas
deemed fit and proper in the circumstances of case'
IA NO:1OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in
theaffidavitfiledinsupportofthepetition,theHighCourtmaybepIeasedtostayall
further proceedings pursuant to the Notice, issued by the 2ND Respondent ' the
TelanganaStatePollutionControlBoard,inRef.No.l04/PoB/Ro.1'SRD/2020-
3g3, dated 2}logt2o2o pending disposal of the writ Petition, in the interest of justice
WPN O:20276 oF 2020
Between:
AND
1.
2.
M/s. Hetero Labs Limited, Unit I 'S No 1.0,G1ddfl:otharam (V)' Jinnaram(t\/l)
Sanoareddv Dist.Tetanganal"'if"p-OV iid--OV.Cene1 Mahage(Corp.EHS)
Sri.V.Jagadeeswara Rao
...pETt,oNER
The State of Telangana, represented. by its Principal Secretary To Government
EFS and T Department, Secretariat, Hyderabad' ... .
ii,Ji"irno;nd State Poltution Conirol'Board, A- lll, lndustrial Estate'
$;rih;b?, Hvaeiioaa-soot I represented bv its Member s"t'?.l3grro*o.*r,
Petition under Article 226 o1 lhe Constitution of lndia praying that in the
circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybepleased
to issue an appropriate writ more in the nature of writ of Mandamus declaring the
action of the 2nd Respondent in demanding contribution to the Corpus Fund by the
Unit,despite the unit is not in the Patancheru- Bolarum lDAs area and brushing
aside the orders of this High court dated 20t12t2019 in wP No 2645512019 and
demandingthecontributiontoCorpusFundpursuanttoNoticedatedllll0l2ol9
and threatening punitive action for the alleged no n-co ntribution as being arbitrary,
illegal and violative of Articles 14 and 19 (t) (g) of the constitution of lndia and per
contra to the Judgment of National Green Tribunal , chennai ,rendered in oA No
69 -72 of 2013 and batch and also subversive of the provisions of water and Air Act
and Rules framed thereunder and consequently, direct the Respondents not to
insist upon the contribution to the Corpus Fund in the interest of justice'
IA NO: 10F2 20
PN i20 07 0F:
Between:
AND
1.
2.
IA NO: 10F 2020
WPNo : 203850F 2020
Between:
Petition und ;r section 1s1 cpc praying that in the circumstances stated in
the affidavit fired ir support of the petition, the High court may be preased to direct
the 2ND Respond( nt , the Terangana state porution contror Board not to demand
contribution from l le petitioner to the corpus Fund and refrain from taking any
coercive action , p€ rding disposar of the writ petition, in the interest of justice
020
Yl.^ Hetero Labs Limited Unit t, S.No 213,21sand
(V)Gummadidrra(M) Sanqareddy Disi.Te6;;;;;Hep by
IVanager(Corg f Hs) Sri.v..tigro"6r*r-ri'i""ou' 'vuI IqI \(
253, BonthapaIi
its Dy.Generl
.,.PETITIONER
IiB :fiT5l ::Tfl 3ri {""o.i:ff ;;?:,lJo [',."'#1.'
o, r S e c re t a ry ro G o ve rn m e nt
I ne r etangan( State pollutiorr. Control'Board, A_ lll. lndustrial Estate,
sanathnasar, lyderabad-500ra represenGJ'6v iil"rvi"iiilirt5.'r,ile'g.ro*o.^r,
Petition under Articre 226 0f the constitution of rndia praying that in the
circumstances statec in the affidavit fired therewith, the High court may be preased
to issue an approprir te writ more in the nature of writ of Mandamus decraring the
action of the 2nd Rer pondent in demanding contribution to the corpus Fund by the
unit, despite the Uni is not in the patancheru- Borarum rDAs area and brushing
aside the orders of this court dated 20t12t2019 in wp No 24986/2019 and
demanding the contr )ution to corpus Fund pursuant to Notice dated 1 1 t1ol2o1g
and threatening punit ve action for the aleged non-contribution as being arbitrary,
illegal and viorative or Articres 14 and 19 (1) (g) of the constitution of rndia and per
contra to the Judgme rt of Nationar Green Tribunar , chennai ,rendered in oA No.
69 -72 0f 2013and bal ;h and arso subversive of the provisions of water and Air Act
and Rures framed th 'reunder and consequenry, direct the Respondents not to
insist upon the contribr tion to the Corpus Fund in the interest of justice
Petition under S ection '1 51 cpc praying that in the circumstances stated in
the affidavit fired in su1 port of the petition, the High court may be preased to direct
the 2ND Respondent rre Terangana State polution contror Board not to demand
contribution from the |etitioner to the corpus Fund and refrain from taking any
coercive action , pendir g disposar of the writ petition, in the interest of justice
Street, Bonthaoalli
by its Dy.Generl
...PETITIONER
#;"dfrls,f ;l l . i'#fx;"jjrh:!,:,;gstr
re;;n e
//
ry-
//
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ii! :ft "r%];i{,fl:tl l:?i:txj", :'iir $,:rrJlc
i p a'| s e c re ta ry ro G o ve rn m e n t
I ne telangana State polluliox C^ontrol'Boaid, A_ lll, lndustrial Estate,
sanathnasar, Hyderabad _ soora ru-piur6;iIo'by,;ii'il;rber Secretary
...RESPONOENTS
Petition under Articre 226 0f the constitution of rndia praying that in the
circumstances stated in the affida'vit fired therewith, the High court may be preased
to issue an appropriate writ more in the nature of writ of Mandamus decraring the
action of the 2nd Respondent in demanding contribuaon the corpus Fund by the
unit despite t unit is not in the patancheru - Borarum rDAs area and brushing aside
the orders of this High court dated 20r12r201g in wp No 2624212019 and
demanding the contribution to corpus Fund and pursuant to Notice dated
11r10r20'rg and threatening punitive action for the areged non - contribution as
being arbitrary, iilegar and viorative of Articres 14 and 19 (1) (g) of the constitution
of lndia and per contra to the Judgment of Nationar Green Tribunar chennai,
rendered in oA No. 69 - 72 0f 2013 and batch and arso subversive of provisions of
water and Air Act and Rures framed thereunder and consequenry, direct the
Respondents not to insist upon the contribution to the corpus Fund in the interest of
justice and issue such other writ or order or direction as deemed fit and proper in
the circumstances of case
AND
1.
2.
IA NO: 10F 2020
Petition under Section 151 cPC praying that in the circumstances stated in
the affidavit fired in support of the petition, the High court may be preased to direct
the 2ND Respondent, the Terangana state porution contror Board not to demand
contribution from the petitioner to the corpus Fund and refrain from taking any
coercive action ' pending disposar of the writ petition, in the interest of jrr;;;'
Counsel for the petitioner: SRt CH. SAMSON BABU
(ln all the Writ petitions)
Counsel for Respondent No. 1: cp FOR ENVTRONMENT
(ln all the Writ petitions)
foulsgt for Respondent No. 2: SMT. PADMAJA R. N.
(ln all the Writ petitions)
The Court made the following: COMMON ORDER --.<-l
l7- ,E I TE HO .P.Nos. 1! coMMON OR, )ER: show 7942 2027 o3 7 l1 203 8.i; of o2 CE SA CE TI N. sHcHANI)F,LA Si AND N,BLE SRI I 9L94 (Per the Hon,bte the Chief Jusnce satishChandra Shama) The pres :nt writ petitions are arising out of the impugned cause r otices issued by the Terangana state polrution Control Board, by which it has directed the petitioners/lndustries to pay certain lercentage of the annual turnover to the Corpus Fund. The Tribunal, having units applicable to facts of the cases reveal that South :m Zone Bench, Chennai, of 2013 the National Green vide judgment dated and batch, issued I t 24.70.2077 in \pplication No.90 directions for pal ment of corpus fund of 1%o of theannual turnover for expansion of : tdustries and 0.5% of the annua.l turnover by the industries for res oration of the entire affected area and creation of Corpus Fund i r the name of ,.patancheru and Bollaram Environment Reli :f Fund,,. The impugned show cause notices have been issued ,ursuant to the aforesaid judgment, A similar c )ntroversy arose in respect ol_ M/s. Chromo Laboratories Indii Limited and M/ s. Suven pharmaceuticals Limited, having tl eir units at Sangareddy District, Telangana. M/s. Chromo La:oratories India Limited and M/s. Suven Pharmaceuticais Li nited were also issued show cause notices and orders were passe( on O1.O2.2O21 directing them to contribute towards Corpus Fu nd and the companies, stating that they are in S: ngareddy District and the judgment is not them came up before this court by filing writ I iI petitions i.e., W.p.Nr s.411g and 4143 ot 2021. A Division Bench .-- / / THE HON'B
of this court has passed an order dated 26.03.2021 in W.P.Nos.4118 and 4143 of 2021, which is reproduced as under:_ '
1.The present petitions haue been fted by th.e petitioners praging intet alia for declaring the action of the respond.ent No.2/ Telangarlo State PolLution Control Board tn demanding cofttribution to the corpus fund created bg it, in terms of the orderc doted 24.j0.2O17 passed bg the National Green Tibunal, Southern Bench, Chennai in d bdtch of mdtters, as illegal and arbitrary,
2.At the outset, we haue requested. teamed. cowsel for the petttioners to addiess this coun on the maintainqbilitg of the prcsent petitions lDhen, euen as per the impugned order dated. O1.O2,2O21 po,ssed. ba the respondent No.2/Telangana State pollution Control Board, pagm.ent in the corpu.s fund is being catled upon to be made bg th.e concemed irldtl.strbs in terms of the order of the National Green Tribunal, Soutlem Ben h Ch.eru1<ri. In our opinion, if th.e petitioners are aggieved. bg the aforesaid action of tlLe respondent No.2/ Telangana State pollutbn Control Board., its remedg lies before the Nationo;l Green Tribunat. Itif/eai- the petitbtErs are calltng upon this court b tnterpret tlrc order of the Nationc/l Green Tribunal one waA or the other, which is not permissible,
3.We d.ecline to entettain ttle present petitions, Th.e sam.e are ac.cardinglg closed along wtth the pending applicatiotts, if ang. It is for the petitionerc to approdch thE National Green Tribunal for ctarificatbn of its ord.et dated 24.1O.2017 and/ or to seek appropiate ord.ers to the elfect that theg are not under anA obligatiott to contibute to the corpus furld as directed to be created bg the National Green Tibunal in tenls of the order d.ated 24.1O.2O17." In the light of the aforesaid, the question of interference with the impugned show cause notices does not arise. The remedy lies before the National Green Tribunal as held by this court in other identical cases. Resultantly, admission is declined. The writ petitions stand disposed of with liberty to the petitioners to approach the National Green Tribunal. Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. To, . T.TIRUMALA DEVI ASSISTANT REGISTRIIR \ ///l 6r,' I SECTION OFFICER One CC to Sri Ch Samson Babu Advocate IOPUCI i*o CC, to Gp For Environment, High Cor-irt for ttie State of Telangana. [OUT] One CC to Smt. Padmaja R. N., Advocate (OPUC) Two CD Copies One Spare coPy
HIGH COURT DATED: 0711212021 T.Are o t?,0ttttfl ; :' i:) Y* COMMON ORDER WP NOS: 19446,19194, 19425,20276, 20307 AND 20385 0F 2020 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS b.zq
