K Sudarshan vs State Of Tg,Prl.Scy,Revenue,Hyd,

The petitioner before this Court has filed the present writ petition by way of Public Interest Litigation stating that certain crushers/hot mix plants have been established by the respondent Nos.9 to 12 causing pollution in the locality.

A detailed and exhaustive counter affidavit has been filed by the Assistant Director of Mines and Geology and paragraphs 5 to 9 are reproduced as under:-

“5. It is submitted that, in respect of respondent No.9 – M/s.C5 Infra Private Limited having a crusher unit and a Tar manufacturing unit in Sy.No.26/14/A1 and 26/140/2 of Umri-B(V), Gudihathnoor (M), Adilabad District presently both the units are working. The units are located at a distance of about 1 Km from the habitation Suryaguda village. The unit holder obtained Mineral Dealer Licence No.M012017006, valid upto 21.03.2022 issued by the Department of Mines and Geology. The Unit holder obtained Consent For Establishment (CFE) from Telangana State Pollution Control Board (TSPCB) vide Order No.NZB-481/PCB/ZO/RCP/CFE/2017-629, dt.25.04.2017 and Consent For Operation (CFO) Order No.TSPCB/ZO/RCP/NZB/ 481/W&A2017-1174, dated 26.07.2017 towards stone crushing unit valid upto 30.06.2022 and Consent Order No.TSPCB/ZO/RCP/NZB/481/CFO/2017-1908, dated 08.11. 2017 towards Tar unit valid upto 30.06.2022.

It is submitted that, in respect of respondent No.10 – M/s.Balaji Road Construction having a crusher unit in Sy.No.43 of Kolhari (V), Gudihathnoor (M), Adilabad District and a Tar manufacturing unit in Sy.No.43 & 48 of Kolhari (V), Gudihathnoor (M), Adilabad District presently both the units are working. The units are located at a distance of about 600 Mts from the nearest habitation Suryaguda village. The unit holder is having Mineral Dealer Licence No.M012018011, valid upto 02.05.2023 issued by the Department of Mines and Geology. The Unit holder obtained Consent For Establishment (CFE) from Telangana State Pollution Control Board (TSPCB) vide Order No.NZB-301/PCB/ZO/RCP/CFE/2013-265, dated 23.03.2013 and Consent For Operation (CFO) Order No.2244/TSPCB/RO/ NZB/W&A/CFO/2018-716, dated 27.03.2018 towards stone crushing unit valid upto 30.04.2023 and Consent Order No.TSPCB/ZO/RCP/NZB/479/CGO/2018-1564, dated 20.11. 2018 towards Tar unit valid upto 30.11.2028.

It is submitted that, in respect of Respondent No.11 – M/s.Sri Balaji Stone Crusher (Wrongly shown in the Cause Title as G.Srinivas Metal Industries) having a crusher unit in Sy.No.26/15 of Umri-B(V), Gudihathnoor (M), Adilabad District presently is working. The unit is located at a distance of about 1 km from the habitation Suryaguda village. The unit holder is having Mineral Dealer Licence vide No.DL9010007, valid upto 12.01.2027. Telangana State Pollution Control Board had issued Consent For Establishment (CFE) vide Order No.01/TSPCB/CFE/ADB/RO-NZB/HO/2021, dated 02.07.2021, Consent For Operation (CFO) Order No.210523391887, dated 21.12.2021 towards stone crushing unit valid upto 30.11.2031.

It is submitted that, in respect to Respondent No.12 – M/s.Mohammed Mumtaz Special Class Contractor (Hot Mix Plant) located in Sy.No.7 of Dongargaon (V), Gudihathnoor (M), Adilabad District. The unit is located at a distance of about 600 mts from the habitation Dongergaon village. The unit is presently working. Telangana State Pollution Control Board had issued Consent Order No.TSPCB/ZO/RCP/NZB/552/CFO/2018-806, dated 18.05.2018 towards stone Hot Mixing Plant valid upto 28.02.2028.

It is submitted that in compliance to the Orders of this Hon’ble Court dated 28.03.2017, the unofficial respondent Nos.9 to 12 obtained the statutory permissions such as Consent For Establishment (CFE) and Consent For Operations (CFO) from the Telangana State Pollution Control Board and Mineral Dealer Licence from the Mining Department and after obtaining the same, the unofficial respondents 9 to 12 continuing their operations. Therefore, there is no inaction on the part of the respondent Nos.7 and 8.”

The affidavit makes it very clear that the respondent Nos.9 to 12 have obtained statutory permissions such as Consent For Establishment (CFE) and Consent For Operations (CFO) from the Telangana State Pollution Control Board. They have obtained Mineral Dealer Licence from the Mining Department and they are continuing their operations. Meaning thereby, after obtaining due statutory permissions required to operate the crushers/hot mix plants, the respondent Nos.9 to 12 are operating their establishments.

Learned standing counsel for the Telangana State Pollution Control Board has also stated before this Court that they are keeping periodical check over the establishments operated by the respondent Nos.9 to 12.

In view of the aforesaid, no further orders are required to be passed in this Public Interest Litigation. However, the Telangana State Pollution Control Board shall continue to monitor the units in question periodically.

The Public Interest Litigation is accordingly disposed of.

Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.