HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 10605 of 2014 DATED: 02.07.2014 Between:
M/s. Viswa Bharathi Educational Society, Kurnool.
… Petitioner And Union of India, New Delhi and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 10605 of 2014 ORDER: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This writ petition has been filed for the following relief:
“To issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the impugned inaction of the 5th respondent to receive the applications for grant of the clearance and Environment Impact Assessment Notification, 2006 upon its grant by the SEIAA, AP for approval of the proposed constructions as arbitrary, illegal, high handed, capricious and violate the fundamental rights guaranteed to the petitioner society under Article 14 apart from being in violation of principles of natural justice and fair play and the mandatory provisions of Environment Impact Assessment Notification, 2006 and consequently direct the respondents to permit the petitioner society to proceed with the establishment of the Medical College at R.T.Nagar, near Penchikalapadu, Bellary Road, Kurnool District by completing the required constructed area as per the plans submitted by it to the 4th respondent.”
It appears from the body of the writ petition that the State Level Environment Impact Assessment Authority (SEIAA) is not functioning owing to reconstitution and as such the petitioner is said to have approached the Central Level Authority, which is alleged to have refused to receive such application. However, no copy of such application has been annexed to this writ petition to understand that such approach was made.
In the counter affidavit filed by the SEIAA, 5th respondent, it has been stated that the petitioner has to approach the Ministry of Environment and Forests, New Delhi, in the absence of SEIAA. Under the regulations, in the event SEIAA is not available, the petitioner has to approach the State Expert Appraisal Committee (SEAC). However, the latter body is also not functioning as it appears from the counter affidavit.
Sub-clause (iii) of Clause 4 of the notification states that in the absence of a duly constituted SEIAA or SEAC, a Category ‘B’ project shall be considered at the Central Level as a Category ‘B’ project.
Therefore, we think that in this situation, the petitioner will have to approach the above authority, namely; Central Level Authority. It would be open for the petitioner to approach the aforesaid authority with necessary application as indicated in the counter affidavit, as we find that it is one of the Departments of Central Ministry of Environment and Forests.
The writ petition is accordingly disposed of. No order as to costs.
Consequently, the miscellaneous petitions, if any, pending in the writ petition shall stand closed.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 02.07.2014
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