IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 24080 of 2008 Between: Sri Satyanarayana Cashew Industries, Pandasasanam Village, Palasa Mandal, Srikakulam District, (A.P.), Rep. by its Proprietor Voona Ranjit Kumar S/o. Anandam, Brahmanatarla Village, Palasa Mandal, Srikakulam District. ..... PETITIONER AND 1 A.P. Pollution Control Board, Paryavaran Bhavan, A-3, Industrial Estates, Sanathnagar, Hyderabad-500 018, Rep. by its Secretary. 2 A.P. Pollution Board, Regional Office, Plot No.8, Simhadri Nagar, Vizianagaram - 535002, Rep. by its Environmental Engineer. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a Writ order or direction more particularly a writ in the nature of Writ of Mandamus declaring the show cause notice issued by the A.P. Pollution Control Board Regional Oﬃce, Vizianagaram in Notice No. PCB/ROVZ/TECH/S-110/2008-625 dated 26.8.2008 as illegal and consequently set aside the same, and pass such other order or orders. Counsel for the Petitioner: MR.A.RAVI SHANKAR Counsel for the Respondents: MR.Y.SRINIVASA MURTHY The Court made the following : Form-NIC-OGS/WP{KURR} IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 24100 of 2008 Between: Sri Tirupathi Venkataramana Cashew Industries, Bantukotturu Vil, Palasa Mandal, Srikakulam District, (A.P.), Rep. by its Proprietor Doki Gopala Rao S/o. Subuddihi, Banthkotturu Village, Palasa Mandal, Srikakulam District. ..... PETITIONER AND 1 A.P. Pollution Control Board, Paryavaran Bhavan, A-3, Industrial Estates, Sanathnagar, Hyderabad-500 018, Rep. by its Secretary. 2 A.P. Pollution Board, Regional Office, Plot No.8, Simhadri Nagar, Vizianagaram - 535002, Rep. by its Environmental Engineer. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a Writ order or direction more particularly a writ in the nature of Writ of Mandamus declaring the show cause notice issued by the A.P. Pollution Control Board Regional Oﬃce, Vizianagaram in Notice No. PCB/ROVZ/TECH/S-179/2008-627 dated 26.8.2008 as illegal and consequently set aside the same, and pass such other order or orders. Counsel for the Petitioner: MR.A.RAVI SHANKAR Counsel for the Respondents: MR.Y.SRINIVASA MURTHY The Court made the following : Form-NIC-OGS/WP{KURR} IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 24126 of 2008 Between: Sri Vishnu Priya Cashew Industries, Bantukotturu Village, Palasa Mandal, Srikakulam District, (A.P) Rep by its Propritor, Doki Tirumala Rao, s/o. Chinna Adinarayana, Business, Aged about 26 years, Banthkotturu Village, Palasa Mandal, Srikakulam District. ..... PETITIONER AND 1 A.P. Pollution Control Board Paryavaran Bhavan, A-3 Industrial Estates, Sanathnagar, Hyderabad - 500 018. Rep by its Secretary 2 A.P. Pollution Control Board Regional Officer, Plot NO. 8, Simhadri Nagar, Vizianagaram - 535 002, Rep by its Environmental Engineer .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ order or direction more particularly a Writ in the nature of Writ of Mandamus declaring the show cause notice issued by the A.P. Pollution Control Board Regional Oﬃce, Vizianagaram in Notice No. PCB/ROVZ/TECH/S-179/2008 -624 dated 26-8-2008 as illegal and consequently set aside the same, and pass Counsel for the Petitioner: MR.A.RAVI SHANKAR Counsel for the Respondents: MR.Y.SRINIVASA MURTHY The Court made the following : Form-NIC-OGS/WP{RLD} HONOURABLE SRI JUSTICE A. GOPAL REDDY AND HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION Nos.24080, 24100 & 24126 of 2008 COMMON ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) All these writ petitions are ﬁled questioning the show cause notice issued by the 2n d respondent-A.P. Pollution Control Board, Vizianagaram, dated 26-08-2008. 2. The petitioners are operating the cashew units, located in diﬀerent villages of Srikakulam District and producing cashew kernels using roasting method. The petitioners obtained consent order to establish cashew industries on 31-10-2002. When the petitioners were issued notice to change the method of producing cashew kernels from roasting process to boiling process due to combustion and causes air pollution, the petitioners along with others ﬁled appeals before the Appellate Authority under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981. 3. The appellate authority, by its judgment, dated 26-04-2008, disposed of the appeals directing the respondents-A.P. Pollution Control Board (for brevity ‘the Board’) to have a fresh look into the matter to evolve suitable guidelines afresh for setting up of new units and for rehabilitation of the existing units while ﬁxing emission standard/equipment for cashew processing units. Further it was observed that the respondents-Board shall also consider whether roasting process can be permitted in individual units not forming a cluster and located far away from human habitation and if so, under what conditions and safeguards and with what type of equipment and technology. The appellants who ﬁled appeals before the appellate authority were also granted liberty to approach the Board by the individual representations seeking consent for their operations in alternative locations, if necessary, and subject to such terms and conditions as may be stipulated by the respondents-Board and on making such representations, the respondents-Board shall consider and pass appropriate orders in accordance with law. 4. Admittedly, the petitioners have not yet made any representations to the respondents-Board seeking consent for their operation in alternative locations. In view of the same, right now, from the respondents-Board, they are not having any valid consent. Under these circumstances, the respondents-Board issued the impugned show cause notice calling upon them as to why closure order shall not be issued under Section 31 (A) of the Air (Prevention and Control of Pollution) Amendment Act, 1987, for non compliance of Board directions, in the interest of public health and environment, and for the reasons mentioned in the show cause notice. 5. It is well settled that a writ against the show cause notice cannot be entertained unless the show cause notice is without jurisdiction and is in vague and incapable of applying any explanation. 6. In view of the same, we are not inclined to entertain the present writ petitions. Accordingly, all the writ petition are dismissed granting liberty to the petitioners for giving explanation to the show cause notice and for making individual representations to the respondents-Board as directed by the appellate authority in its order dated 26-04-2008, referred to above. On such explanation being ﬁled, the respondents-Board shall consider the same and pass appropriate orders. There shall be no order as to costs. _________________________ JUSTICE A.GOPAL REDDY _____________________________ JUSTICE VILAS V. AFZULPURKAR November 06, 2008 Kvr