THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY
I.A.No.1 of 2021
AND
WRIT PETITION (PIL) No.308 of 2020
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present public interest litigation has been filed
against respondent No.9/Spinnmax Tyres Private Limited
stating that the said respondent established an industry in violation of environment laws. It is stated that it is a polluting industry and it is within the area of half kilometre radius of G.O.Ms.No.111. All kinds of wild allegations are made in the wit petition filed in the form of Public Interest Litigation without verifying the facts about the establishment of the industry.
Now the petitioner himself for the obvious reasons has filed I.A.No.1 of 2021 for withdrawal of the writ petition. He has come out with the case that there is a consent order dated 23.12.2019 for establishment of the industry and as the consent order has been brought to his notice, he wants to withdraw the present public interest litigation.
Respondent No.9 has stated before this Court that incorrect facts have been mentioned in the public interest litigation in respect of location of industry and it is certainly a frivolous public interest litigation. 2
In the considered opinion of this Court as an application for withdrawal has been filed, the same deserved to be allowed. However, for filing a frivolous public interest litigation against an industry even though it is having all permissions for establishing the unit, exemplary costs has to be imposed.
Resultantly, I.A.No.1 of 2021 is allowed and the writ petition is dismissed as withdrawn subject to imposition of costs of Rs.1,00,000/- (Rupees one lakh only) to be paid to the Prime Minister's COVID-19 relief fund within a period of 30 days from today. It is needless to mention that in case the amount is not paid within 30 days, the Collector, Ranga Reddy District shall recover the costs as arrears of land revenue and shall transmit the same to the Prime Minister's COVID-19 relief fund with intimation to the Registrar General of this Court.
Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ A. RAJASHEKER REDDY, J 29.11.2021 ES