(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY , THE FIFTEENTH DAY OF MAY TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE R.SUBHASH REDDY AND THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WP .NO:14490 of 2014 Between:
Sri Kumaraswamy Silica Mines Rep. by its Managing Partner -Vemareddy Kumar, S/o. Late V. Sunder Rami Reddy, Aged about 40 years, R/o.
Momidi village, Chillakur Mandal, Nellore District.
. Petitioner AND
1 Government of India, Ministry of Environment and Forests Impact Assessment Division, Rep. by its Director, Paryavaran Bhavan CGO Complex, Lodhi Road, New Delhi - 110003.
2 Andhra Pradesh Pollution Control Board Regional Office Nellore Rep. by its Environmental Engineer A.K.Nagar, Nellore.
3 Director of Mines & Geology Govt. of Andhra Pradesh Hyderabad.
4 Asst. Director of Mines & Geology Govt. of Andhra Pradesh SPSR Nellore.
. Respondents WHEREAS the Petitioner above named through its Advocate Sri VEDULA SRINIVAS presented this writ petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or Orders, Direction or Directions to declare the proceedings of the 1st respondent dated 21.4.2014 issued under Sec.5 of the Enviroment (Protection) Act, 1986, directing the petitioner to stop mining activity immediately, without following the procedure under Rule-4 of the Environment (Protection) Rule, 1986 as illegal, arbitrary and unconstitutional and to direct the 1st respondent to act in accordance with law;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri VEDULA SRINIVAS, Advocate for the Petitioner, directed issue of notice to the Respondents herein to show cause as to why this writ petition should not be admitted in the circumstances set out in the petition and the affidavit filed in Writ Petition;
WPMP NO.17999 OF 2014 Petition under Section 151 of C.P.C. Praying that in the circumstances stated in the affidavit filed in W.P. the High Court may be pleased to suspend the proceedings of the 1st respondent dated 21.4.2014 issued under Sec.5 of the Environment (Protection) Act, 1986, directing the petitioner to stop mining activity immediately, without following the procedure under Rule-4 of the Environment (Protection) Rule, 1986, pending disposal of the writ petition pending WP No. 14490 of 2014 on the file of the High Court You viz ;
1 The Director, Ministry of Environment and Forests Impact Assessment Division, Government of India, Paryavaran Bhavan CGO Complex, Lodhi Road, New Delhi - 110003.
2 The Environmental Engineer, Andhra Pradesh Pollution Control Board Regional Office Nellore, A.K.Nagar, Nellore.
3 Director of Mines & Geology Govt. of Andhra Pradesh Hyderabad.
4 Asst. Director of Mines & Geology Govt. of Andhra Pradesh SPSR Nellore.
are directed to show cause as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this writ petition should not be admitted.
The Court further made the following ORDER Notice before admission.
It is brought to the notice of this Court that though earlier this Court has passed an order on 08.07.2013 in Public Interest Litigation Case No.332 of 2013, which indicate orders to be passed only after putting on notice the affected parties, a perusal of the impugned order does not indicate issuance of any prior notice before passing it.
In that view of the matter, there shall be interim suspension, as prayed for, for a period of six weeks from today.
Post after Summer Vacation, 2014.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1 The Director, Ministry of Environment and Forests Impact Assessment Division, Government of India, Paryavaran Bhavan CGO Complex, Lodhi Road, New Delhi - 110003.
2 The Environmental Engineer, Andhra Pradesh Pollution Control Board Regional Office Nellore, A.K.Nagar, Nellore.
3 Director of Mines & Geology Govt. of Andhra Pradesh Hyderabad.
4 Asst. Director of Mines & Geology Govt. of Andhra Pradesh SPSR Nellore. (1 to 4 by RPAD along with a copy of petition and affidavit)
5. Two CC to GP for Mines and Geology, High Court of A.P., Hyderabad (OUT)
6. One CC to Sri VEDULA SRINIVAS, Advocate (OPUC)
7. One spare copy.
Tvr HIGH COURT RSRJ & MSMJ ORDER DATED: 15-05-2014 WP NO.14490 OF 2014 POST AFTER SUMMER VACATION INTERIM SUSPENSION DRAFTED: TVR DATED: 16-05-2014 HIGH COURT RSRJ & MSMJ ORDER DATED: 15-05-2014 WP NO.14490 OF 2014 POST AFTER SUMMER VACATION INTERIM SUSPENSION