IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (SPECIAL ORIGINAL JURISDICTION) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR AND THE HON’BLR SRI JUSTICE S. RAVI KUMAR CONTEMPT CASE No.1775 of 2013 BETWEEN Mr. Shaik Mufti Mohammad Iliyas.
…PETITIONER AND Sri Sanjay Kumar, IAS, Member Secretary, Pollution Control Board, Hyderabad and another.
…RESPONDENTS Counsel for the Petitioner: MR.T. LAKSHMINARAYANA Counsel for the Respondents: GP FOR HOME MRS. P. RAJESWARI The Court made the following order:
ORDER: (Per Hon’ble Sri Justice Vilas V. Afzulpurkar) This contempt case is filed alleging disobedience of the order of this court in WP.No.31182 of 2012 dated 05.10.2012, wherein it was directed, as under:
“It appears that though pursuant to the order of this Court in the writ petition field earlier by the petitioner, the respondent authorities have taken some steps in the matter, they have not taken any further action in the matter on the report dt.23.2.2011 submitted by the Environmental Engineer of the A.P. Pollution Control Board to respondent No.7.
In the circumstances, we direct the respondent authorities, in particular respondnet No.3 – Pollution Control Board, to take necessary steps in the matter, in terms of report dt.23.2.2011 submitted by the Environmental Engineer of the Board, after giving notice and opportunity of hearing to respondent Nos.9 and 10.”
2. Learned standing counsel for the Pollution Control Board has placed before this court a copy of the proceedings of the Board dated 30.09.2013 addressed to the Municipal Commissioner, Nellore Municipal Corporation wherein it is stated that subsequent to the order of this Court, the Board Officials inspected the premises of respondnet No.9 in the writ petition and directed the occupiers of the said steel shop to appear before the External Advisory Committee in the meeting scheduled thereafter. It is also stated that the Board recommended action to shift the unit to an alternate site far away from the residential area at an early date, as the occupier of the unit is unable to control the noise pollution.
3. Since the directions of this Court substantially stand complied with by the aforesaid order of the Pollution Control Board and as the learned standing counsel for the Pollution Control Board has instructions that the power supply to the said unit is already disconnected, we feel that there is no need to pursue the matter any further. Petitioner, however, is at liberty to take appropriate steps action, in accordance with law, if he is still aggrieved by the activities existing on the ground.
The contempt case is accordingly dismissed. The miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J S. RAVI KUMAR, J July 11, 2014 DSK