THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No.10645 of 2004
DATED:16.6.2014 Between:
U.G. Srinivasulu, Kurnool.
And The Appellate Authority under Water (Prevention & Control of Pollution) Act & Air (Prevention & Control of Pollution) Act, Hyderabad and others.
… Petitioner ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No.10645 of 2004
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) By this writ petition, the petitioner has challenged the order of the Appellate Authority appointed under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and control of Pollution) Act, 1981, dated 14.5.2004. By this order, the appellate authority passed the following order:
“This shows that neither Respirable Suspended Particulate Matter nor Total Suspended Particulate Matter was in excess of the permissible limits and thus the industry is not contributing to pollution, as such the Appeal is allowed.
Since the Industry is functioning from day to day, the authorities of A.P. Pollution Control Board are at perfect liberty to take samples at regular intervals complying with the provisions of law and in the event of the Industry contributing to pollution, the authorities are at liberty to initiate appropriate action against the Industry in the interest of public health and environment.”
In the writ petition, there has been no interim order staying the operation of the aforesaid order nor any prohibitory order has been passed against the unofficial respondent. As such, the order of the Appellate Authority was allowed to be operating for the past ten years. Even on merit, we find that the Appellate Authority, has on fact and figure came to the aforesaid factual conclusion. It is alleged perverse finding, on this point we notice learned appellate authority collected report of expert body to measure pollution level. Hence finding is based on material. This contention is overruled as result of test of perversity is in favour of the respondent. In view of factual finding, this Court cannot pass any order to interfere with the same. That apart, the Appellate Authority, by the impugned order, has directed the Pollution Control Board to monitor the pollution levels. Under the circumstances, we do not find any reason to interfere with the order passed by the Appellate Authority.
Hence, the writ petition is dismissed.
Consequently, the miscellaneous petitions, if any pending, shall also stand dismissed. No costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 16th June, 2014 PNB