Telangana High Court
M/S. Covalent Laboratories Pvt. ... vs The State Of Telangana And Another on 7 December, 2021
Bench: Satish Chandra Sharma, N.Tukaramji
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
W.P.Nos.19446, 19194, 19425, 20276, 20307 and 20385 of 2020
COMMON ORDER: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ petitions are arising out of the impugned
show cause notices issued by the Telangana State Pollution
Control Board, by which it has directed the petitioners/Industries
to pay certain percentage of the annual turnover to the Corpus
Fund.
The facts of the cases reveal that the National Green
Tribunal, Southern Zone Bench, Chennai, vide judgment dated
24.10.2017 in Application No.90 of 2013 and batch, issued
directions for payment of corpus fund of 1% of the annual turnover
for expansion of industries and 0.5% of the annual turnover by the
industries for restoration of the entire affected area and creation of
Corpus Fund in the name of "Patancheru and Bollaram
Environment Relief Fund". The impugned show cause notices
have been issued pursuant to the aforesaid judgment.
A similar controversy arose in respect of M/s. Chromo
Laboratories India Limited and M/s. Suven Pharmaceuticals
Limited, having their units at Sangareddy District, Telangana.
M/s. Chromo Laboratories India Limited and M/s. Suven
Pharmaceuticals Limited were also issued show cause notices and
orders were passed on 01.02.2021 directing them to contribute
towards Corpus Fund and the companies, stating that they are
having units in Sangareddy District and the judgment is not
applicable to them, came up before this court by filing writ
petitions i.e., W.P.Nos.4118 and 4143 of 2021. A Division Bench
2
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 have been filed by the petitioners praying
inter alia for declaring the action of the respondent No.2/Telangana State
Pollution Control Board in demanding contribution to the corpus fund
created by it, in terms of the orders dated 24.10.2017 passed by the
National Green Tribunal, Southern Bench, Chennai in a batch of matters,
as illegal and arbitrary.
2. At the outset, we have requested learned counsel for the
petitioners to address this court on the maintainability of the present
petitions when, even as per the impugned order dated 01.02.2021 passed
by the respondent No.2/Telangana State Pollution Control Board, payment
in the corpus fund is being called upon to be made by the concerned
industries in terms of the order of the National Green Tribunal, Southern
Bench, Chennai. In our opinion, if the petitioners are aggrieved by the
aforesaid action of the respondent No.2/ Telangana State Pollution Control
Board, its remedy lies before the National Green Tribunal. Instead, the
petitioners are calling upon this court to interpret the order of the National
Green Tribunal one way or the other, which is not permissible.
3. We decline to entertain the present petitions. The same are
accordingly closed along with the pending applications, if any. It is for
the petitioners to approach the National Green Tribunal for clarification of
its order dated 24.10.2017 and/or to seek appropriate orders to the effect
that they are not under any obligation to contribute to the corpus fund as
directed to be created by the National Green Tribunal in terms of the order
dated 24.10.2017."
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.
___________________________
SATISH CHANDRA SHARMA, CJ
_______________________
N. TUKARAMJI, J
07.12.2021
JSU
