HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.17974 of 2010 Dated: 10-08-2010 Between: Sai Reddy Mix Concrete, Chintakunta village of Karimnagar Mandal and District, rep. by its Managing Partner. … Petitioner And The District Collector, Karimnagar District & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.17974 of 2010 ORDER: Heard learned counsel for the parties. In this writ petition, the petitioner has questioned the proceedings, dated 16.06.2010, issued by the 3rd respondent- Panchayat Secretary in Proceedings No.C/74/2010. By the aforesaid order, the petitioner is asked to stop the constructions being made to construct a Ready Mix Concrete Plant in the name of ‘Sai Reddy Ready Mix Concrete’ in Survey No.129/A of Chintakunta village of Karimnagar Mandal and District. It is the case of the petitioner that he has obtained necessary permissions from the Grampanchayat to construct such a Plant and he has also obtained ‘no objection certificate’ required under the pollution laws. Inspite of the same, when the petitioner is proceeding with the constructions in accordance with the sanctioned plan, respondents have issued the impugned notice without any authority of law and jurisdiction. Counter affidavit is filed by the respondents. In the counter affidavit, while generally denying the various allegations made by the petitioner, it is stated that the petitioner has submitted an application to the Grampanchayat on 22nd of April 2010, seeking permission for construction of a Ready Mix Concrete Plant. It is further stated that after issuing pubic notice inviting objections, permission was granted on 07.05.2010, permitting the petitioner to construct the Plant. It is stated that, at that point of time, the residents of the locality have made a representation before the District Panchayat Officer, requesting to stop the construction of Plant, stating that it will cause noise and dust pollution in case such an industry comes up at the said place. On receipt of the said representation, the District Panchayat Officer has instructed the Grampanchayat to stop construction of the Ready Mix Concrete Plant, and send a detailed report. Thereupon, the 3rd respondent has issued the impugned proceedings, dated 16.06.2010, issued in Proceedings No.C/74/2010, asking the petitioner to stop construction of the Plant until further orders. In the counter affidavit, it is also stated that pursuant to the instructions issued by the District Panchayat Officer, a detailed report is also sent by the 3rd respondent-Grampanchayat and the matter is pending for passing of final orders. When the permission is already granted and constructions are being made according to the sanctioned plan, respondents are not having jurisdiction to issue such instructions for stopping the constructions. It is also the case of the petitioner that the proposed industry is not a scheduled industry under the pollution laws, and in view of the fact that all the required permissions are already granted to him, there is no reason or justification in stopping the construction of Plant at this stage. It is stated that substantial investments are already made and the constructions are in progress and if the impugned order is allowed to stand, that will create great hardship to the petitioner. A perusal of the impugned order shows that it is only passed as an interim measure, based on the instructions issued by the District Panchayat Officer. As it is stated that a detailed report is already sent by the Grampanchayat to the District Panchayat Officer, I deem it appropriate to dispose of the writ petition, permitting the petitioner to submit his objections before the District Panchayat Officer with supporting documents and permissions obtained by him under the A.P. Panchayat Raj Act, 1994, and also the permissions granted and the consents given by the other concerned authorities, within a period of one week from today. If any such objections are filed and permissions are produced, the District Panchayat Officer shall look into the said objections and take appropriate final decision in the matter within a period of two weeks from the date of receipt of objections. While considering such objections, the District Panchayat Officer shall consider the permissions granted to the petitioner and the investments already made by him by the time the impugned instructions are issued, and basing on that, a decision shall be taken and communicated to the petitioner. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 10th August 2010 N.B: Furnish C.C. by tomorrow. (b/o) ajr