HON’BLE SRI JUSTICE GODA RAGHURAM & HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No. 14313 of 2009 Date: 26.10.2009 BETWEEN: M/s. Sheetal Refineries Pvt.Ltd., Ranga Reddy District. Petitioner And Andhra Pradesh Pollution Control Board, Hyderabad and others. Respondents Counsel for the petitioner: Mr. B. Chandrasen Reddy Counsel for the respondents: Sri Y. Srinivasa Murthy, Standing Counsel for A.P. Pollution Control Board HON’BLE SRI JUSTICE GODA RAGHURAM & HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No. 14313 OF 2009 ORDER: (per Hon’ble Sri Justice Goda Raghuram) The notice on behalf of the 1st respondent issued by the 2nd respondent dated 14.7.2009 calling upon the petitioner to show cause why action should be not taken for closure of the industry and for forfeiture of the bank guarantee and directing the petitioner to appear on 18.7.2009 along with the response to the show cause notice, is assailed in this writ petition. The petitioner is in the business of manufacture of edible oil. In a batch of public interest litigations including Writ Petition No. 3367 of 2006, this Court had taken up suo-motu the environmental impact of industries in the Katedan industrial area and Gaganpahad. The State Government issued G.O. Rt. No. 237, Industries and Commerce Department, dated 6.4.2005 directing re-location of the industries operating within 10 K.Ms. radius of Himayathsagar and Osman Sagar lakes. The petitioner applied for alternative land at Buchinelly industrial park, Zaheerabad, for relocating its industry. While so, the 1st respondent-Board had been issuing regular instructions for ensuring compliance with air and water pollution Regulations. The 2nd respondent has now issued a show cause notice, the relevant particulars of which have already been referred to. Petitioner assails this notice on the ground that adequate time was not afforded to him for submitting a proper response to the show cause notice and complains that it was not afforded fifteen days time to submit its response. The show cause notice is stated to have been served on the petitioner on 15.7.2009 and only three days time was granted for submitting response, is the grievance. This Court, by order dated 17.7.2009 directed the Registrar (Vigilance) of this Court to inspect the premises of the petitioner and the other places in respect of which certain photographs were produced before the Court by the Environmental Engineer on behalf of the 1st respondent, asserting continuing pollution by the petitioner-industry. The Registrar (Vigilance) was directed to visit the premises and submit a report. A report dated 20.7.2009 has been drawn up and furnished to this Court by the Registrar(Vigilance) pursuant to the order dated 17.7.2009. The report indicates violations by the petitioner in the matter of releasing of effluents into Premajipet tank resulting in pollution to the said tank. Learned counsel for the petitioner states that a copy of the report has not been furnished to him and the petitioner would like to contest the findings in the report of the Registrar (Vigilance) and would also submit its response to the show cause notice dated 14.7.2009 issued by the 2nd respondent. By the order dated 17.7.2009, it was directed that no hearing pursuant to the 2nd respondent’s show cause notice dated 14.7.2009 shall be held. In the facts and circumstances, the writ petition is disposed of as follows: a) A copy of the report of the Registrar (Vigilance) of this Court dated 20.7.2009 shall be furnished to the learned counsel for the petitioner and to Sri Y. Srinivasa Murthy, learned Standing Counsel for the 1st respondent. b) The respondents shall intimate a fresh date of hearing consequent upon the earlier show cause notice dated 14.7.2009 to the petitioner. The petitioner shall attend the hearing on such freshly notified date with the objections it may wish to address. The respondents shall take a decision after considering the material on record and the submissions or objections if any, oral or written, on behalf of the petitioner. No order as to costs. ____________________ GODA RAGHURAM,J __________________________ RAMESH RANGANATHAN,J DATE: 26th October, 2009 Note: Furnish c.c. urgently B/o. Pnb