THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR PUBLIC INTEREST LITIGATION No.167 of 2014 DATE: 07.07.2014 Between:
Vasamsetti Rama Krishna Rao, Kakinada Rural Mandal, East Godavari District.
… Petitioner And Government of India, Rep. by its Secretary, Industries and Commerce Department, New Delhi and others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR PUBLIC INTEREST LITIGATION No.167 of 2014 Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) We have heard the learned counsel for the petitioner and the learned Standing Counsel for the Pollution Control Board.
This Writ Petition has been filed alleging basically inaction of the Pollution Control Board for not taking any steps against establishing of sugar factory by one M/s.Silk Road Sugar Private Limited (in short company), in violation of the legal provision.
Learned counsel for the petitioner repeats the inaction urging us to issue a direction upon the respondents to take steps in the matter.
Learned Standing Counsel for the Pollution Control Board wants to have instructions in the matter.
We feel that this matter should not be kept pending as we notice that by a show cause notice dated 18.01.2010, action was proposed to be taken against company, respondent No.12 herein. Therefore, we dispose of this matter in the manner as follows:
In the event, pursuant to the above show cause notice any order has been passed by the Pollution Control Board, a copy of such order is to be supplied to the petitioner. On receipt thereof, it would be open for the petitioner to take steps in accordance with law, as may be advised. In the event, the aforesaid show cause notice remains as it is and did not reach to any logical conclusion, hearing thereof must be completed within a period of six weeks from the date of communication of this order, by passing a speaking order. Obviously, the person affected, namely, the noticee must be heard before passing such order.
There shall be no order as to costs. Miscellaneous petitions, if any pending, shall stand closed.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 07.07.2014 va/pnb