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Judgment
This application is filed for impleadment of G.J.Multiclave (India) Pvt. Ltd. to implead them in the Original Application No.112 of 2017. The learned counsel appearing for the applicant has no serious objection. Accordingly, the M.A.No.88 of 2017 stands ordered and the applicant is impleaded as 6th respondent. The Registry shall make necessary amendment in this regard. The learned counsel appearing for the original applicant shall file memo of parties.
We have heard Mr.Srinivasa Murthy, learned counsel appearing for the applicant and Mr.T.Sai Krishnan, learned counsel appearing for the Telangana State Pollution Control Board (Board) and newly impleaded party Mr.V.B.Subramanyam.
The prayer in the main application is to declare the order of the Board dated 31.01.2017 illegal and consequently modify the order passed by the Board permitting the applicant to operate the Common Bio Medical Waste Treatment Facility (CBMWTF) in the Districts of Ranga Reddy and Hyderabad as per the 'consent to establish' order originally granted by the Board.
It is not in dispute as seen in the order of the Board dated 31.01.2017 that in the Writ Petition filed by the newly added party viz.,M/s.G.J.Multiclave (India) Pvt. Ltd. in W.P.Nos.19727 of 2016 and 19821 of 2016 there was an order of status quo passed by Hon'ble High Court for the State of Telangana and State of Andhra Pradesh dated 21.06.2016. It appears that in the said orders a modification has been made to the order of status quo and thereafter the Writ Petitions were heard and orders reserved on 08.11.2016.
It is now informed by both the counsel appearing for the parties including the original Writ Petitions filed in the Hon'ble High Court that the judgement is likely to be delivered around 02.06.2017. Mr.Srinivasa Murthy, learned counsel appearing for the applicant would submit that the applicant industry which is facing action under The Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 (SARFAESI) has made A representation to the Board on 29.05.2017 requesting the Board to pass appropriate orders permitting CBMWTF OF the applicant to operate in Hyderabad and Ranga Reddy Districts.
In view of the admitted fact that the judgement in the Writ Petitions is likely to be delivered shortly, we dispose the application with the direction to the Board to consider the representation of the applicant dated 29.05.2017 in the light of the final judgement which is to be passed by the Hon'ble High Court and pass appropriate orders in the manner known to law.
We make it clear that after the judgement is delivered by the Hon'ble High Court, the Board shall consider the said application of the applicant dated 29.05.2017 expeditiously in any event within 4 weeks from the date of receipt of judgement and pass appropriate orders.
The application is disposed of in the above terms.