MCV Eco Systems vs State Of Andhra Pradesh And Ors

We have heard the learned counsel appearing for the applicant and Mr T. Sai Krishnan, learned counsel appearing for the respondents.

After hearing the learned counsel, we are of the view that the Andhra Pradesh State Environment Impact Assessment Authority (SEIAA) should be made as party - respondent for proper adjudication of the issue. Accordingly, SEIAA is suo motu impleaded as 5th respondent. The Registry shall make necessary amendment in this regard. The applicant shall file the fresh memo of parties.

The prayer in this application is challenging the 'Consent' order of the Board dated 7.2.2017 in and by which the Andhra Pradesh State Pollution Control Board (Board) has rejected the application filed by the applicant/project proponent dated 25.5.2015 seeking 'Consent to Establish' in respect of the proposed bio-medical waste treatment facility. The reasons given for passing the impugned order are that as per the Notification of the Government of India MoEF & CC dated17.4.2015, prior Environmental Clearance (EC) is required in accordance with the EIA Notification, 2016 for consideration of 'Consent' application. That apart, the impugned order also shows that there are small water bodies existing within 260 M, 640 M and 750 M on the Northern direction of the site proposed for establishing CBMWTF.

Mr. Sai Krishnan, learned counsel appearing for the Board who also undertakes to appear for the newly added party viz., SEIAA would submit that since the EIA Notification has been amended further by Notification dated 17.4.2015 making it clear that the prior EC is required for the purpose of consideration of application for 'Consent to Establish' and the application for 'Consent' made by the applicant/project proponent on 25.5.2015 will be considered only after EC is obtained from SEIAA.

The learned counsel appearing for the applicant would submit that the application has been made to SEIAA recently. If such application is received by SEIAA and if it is in order, it is for the SEIAA to pass appropriate order in respect of the grant of EC. Such order shall be passed by SEIAA expeditiously. On such EC having been granted by the 5th respondent, thereafter it will be open to the Board to consider the application for 'Consent to Establish' and pass orders on merits and in accordance with law

With the above observation, the application stands disposed of.