M/S. Covalent Laboratories PVT. LTD. vs. The State Of Telangana And Another

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WP/19194/2020HC TelanganaGSTCNR HBHC01030818202007 December 2021Bench: N.TUKARAMJI,SATISH CHANDRA SHARMA8 pages
For Petitioner: SRt CH. SAMSON BABU, (ln all the Writ petitions)For Respondent: cp FOR ENVTRONMENT, (ln all the Writ petitions), foulsgt for Respondent No. 2: SMT. PADMAJA R. N., (ln all the Writ petitions)

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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 lt,L:t V// 2- /.-- ) 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- // (--5.- 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

1.2.

J.

4.

MBC

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

Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.