Telangana High Court
M/S. Sri Chaitanya Chlorides Pvt. ... vs The State Of Telangana And Another on 23 February, 2022
Bench: Satish Chandra Sharma, Abhinand Kumar Shavili
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION Nos.19674, 19682, 19684, 19690 and
19780 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.19674 of 2020 are reproduced as
under:
The petitioner before this Court, a pharmaceutical
industry, has filed this writ petition being aggrieved by the
action of the respondents in issuing a show cause notice dated
28.09.2020 by the Telangana State Pollution Control Board as
well as in issuing the 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 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, the admission is declined. The writ petitions
stand disposed of with a liberty to the petitioners to approach
the National Green Tribunal.
The miscellaneous applications pending in these writ
petitions, if any, shall stand closed. There shall be no order as
to costs.
______________________________________
SATISH CHANDRA SHARMA, CJ
______________________________________
ABHINAND KUMAR SHAVILI, J
23.02.2022
vs
