IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE and HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.25676 of 2008 Between: M/s. Sri Anjaneya Stone Crusher, Rep. by its Proprietor, Sri M. Subba Rao, S/o. Veeraiah, R/o. N.V.R. Buildings, II Cross, Kammapalem, Ongole. Ramanjaneyapuram, Mukteshwaram Gram Panchayat, Balli Kurva Mandal, Prakasam District. ... PETITIONER AND 1 The A.P. Pollution Control Board Rep. by its Member Secretary Paryavaran Bhavan, Industrial Estate, Sanath Nagar, Hyderabad. 2 The Director of Mines & Geology 8th Floor, B.R.K.R. Govt. Complex, Tank Bund Road, Tank Bund, Hyderabad. 3 The A.P. Pollution Control Board Rep. by Environmental Engineer Regional Office: Nellore, APSFC. Building, A.K. Nagar, Sri Potti SriRamulu, Nellore, Nellore District. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings of the 3rd respondent issued in Lr.No.686/PCB/RO/NLR/2008-744, DT. 8-8-2008 refusing the consent for establishment of Petitioner's Stone Crusher in Sy. No. 20 of Mukteshwaram Village, Balli Kurva Mandal, Prakasam District, is illegal, unjust, arbitrary discriminatory thereby violative of Articles 14, 19 (1) (g) and also contrary to the guidelines issued by the 1st respondent Board, consequently set-aside the proceedings dt. 8-8- 2008 with a further direction to the respondents to consider the application of the petitioner which is in accordance with law and direct to grant the consent for establishment of the petitioner stone crusher. Counsel for the Petitioner: MR.K.R.PRABHAKAR Counsel for the Respondents.: MR.Y.SRINIVASA MURTHY The Court made the following: Order: (Per Hon’ble Sri Anil R. Dave, CJ) Being aggrieved by an order dated 08-08-2008 passed by the Andhra Pradesh Pollution Control Board, this petition has been filed by a person who wants to set up a stone-crushing unit. It has been brought to our notice that the impugned order is appealable in pursuance of provisions of Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 (‘the Act’ for brevity). The learned Advocate for the petitioner has submitted that persons undertaking similar activities have been given permission in the area where the petitioner wants to set up his stone-crushing unit. Moreover, he has also submitted that W.P.No.4173 of 2008, which has been referred to in para-2 of the impugned order, has already been disposed of, and, therefore, that could not have been the reason for rejection of permission. He has further submitted that the petitioner is ready and willing to abide by conditions, which might be put by the Pollution Control Board, in the event of his being granted permission under the Act. Moreover, he has also submitted that there would not be any pollution out of the stone-crushing unit, which the petitioner would like to setup. In view of the fact that equally efficacious alternative remedy is available to the petitioner, without going into merits of the matter, we do not entertain the petition. It has been submitted by the learned Advocate for the petitioner that there would be delay if the petitioner approaches the appellate authority at this stage. We are sure that if appropriate application for condonation of delay is filed, the authority shall consider the delay condonation application and the afore-stated grounds at the time of hearing the appeal. In view of the foregoing reasons, the petition is rejected. __________________ ANIL R. DAVE, CJ. _______________________ R. SUBHASH REDDY, J. November 25, 2008 MRR