Telangana High Court
M/S. Dr Reddys Laboratories ... vs The State Government Of Telangana ... on 9 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.24658, 24582, 25206, 25207 and 25208 of 2019 & 1271 of 2020
COMMON ORDER: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
Regard being had to the controversy involved in the aforesaid
cases, they were heard together and are being decided by a
common order.
The facts of W.P.No.24658 of 2019 are reproduced as under:-
The petitioner before this court, M/s. Bulk Drug
Manufacturers Association of India, an Association of Drug
Manufacturers, has filed this present petition being aggrieved by
the action of the Telangana State Pollution Control Board in
issuing the impugned guidelines to make contribution towards
Corpus Fund at the rate of 1% of the annual turnover for
expansion of industries and 0.5% of the annual turnover for
restoration of the entire affected area and for creation of Corpus
Fund in the name of "Patancheru and Bollaram Environment Relief
Fund" etc. The undisputed facts of the case also make it very clear
that the entire exercise has been initiated on account of the
judgment dated 24.10.2017 delivered by the National Green
Tribunal, Southern Zone Bench, Chennai, in Application No.90 of
2013 and batch.
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
2
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
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 considered opinion of this court, as the impugned
guidelines have been issued by the Telangana State Pollution
Control Board in respect of payment of Corpus Fund etc., in terms
of the order of the National Green Tribunal, in case the petitioners
are aggrieved, the remedy lies before the National Green Tribunal,
keeping in view the aforesaid order passed by a Coordinate Bench
and therefore, the petitioners are also free to approach the National
Green Tribunal.
Resultantly, admission is declined. The writ petitions stand
disposed of with liberty to the petitioners to approach the National
Green Tribunal.
The miscellaneous applications pending in this writ petition,
if any, shall stand closed. There shall be no order as to costs.
___________________________
SATISH CHANDRA SHARMA, CJ
_______________________
N. TUKARAMJI, J
09.12.2021
JSU
