Shri Sikkam Sambaiah And Ors vs Appellate Authority And Ors

The counsel for the parties are present. The matter is posted for making the submissions this day. The applicants herein 13 members have brought forth this application seeking a direction to the 2nd respondent to revoke the Consent order of Establishment of the 5th respondent's Unit which is issued by the 2nd respondent in his Order No.K-1459/PCB/RO-VJA/CFE/2014-376 dated 28.6.2014.

The short facts of the case, as it could be seen , are that the 5th respondent sought for Consent to Establish a Fish Feed manufacturing Unit in an area which is surrounded by a number of houses and all the applicants are residents of that area. Apart from that, the site which was chosen for establishment of the Unit is situated within 100 metres from the National Highway and in this regard a complaint was placed before the 2nd respondent, the Andhra Pradesh State Pollution Control Board (Board). Despite the same, the 5th respondent submitted a proposal to the 3rd respondent on 29.2.2011 but the 3rd respondent has refused to grant Consent to Establish vide order dated 21.4.2012. Aggrieved over the same, the 5th respondent preferred an appeal before the 1st respondent, the Appellate Authority - Andhra Pradesh Pollution Control and the appeal was allowed on 17.9.2013 setting aside the order of the 3rd respondent dated 21.4.2012 and issued a direction to grant Consent to Establish to the 5th respondent Unit. Accordingly, the Consent to Establish was granted on 28.6.2014 to the 5th respondent Unit.

The applicants herein, though they were not parties to the proceedings before the Appellate Authority, filed an application in PIL No.438 of 2013 before the Hon'ble High Court of Andhra Pradesh. After hearing the counsel for the respective sides, an order came to be passed thereby by the Hon'ble High Court and a liberty was given to the applicants to prefer an appeal Under Section 16 of the National Green Tribunal Act. Accordingly, an appeal was filed before the Tribunal which was subsequently withdrawn in view of the fact that the appeal was filed beyond the prescribed time limit. Under such circumstances, the instant application came to be filed before the Tribunal.

The respondents have already filed their respective reply. Without going into the merits of the matter or otherwise, the rival contentions put forth by the counsel, the Tribunal is of the considered opinion that the application has got to be disposed of shortly on the point of limitation and also on maintainability.

Admittedly when Consent was refused to the 5th respondent Unit by the 2nd respondent Board, the same was challenged before the Appellate Authority - Andhra Pradesh State Pollution Control whereby an order came to be passed by setting aside the order of the Board. Not satisfied with the order of the Appellate Authority, the 2nd respondent Board has made a review which was also dismissed by the Appellate Authority. Therefore, the 2nd respondent vide order dated 28.6.2014, granted the Consent to Establish the Unit of the 5th respondent.

Aggrieved over the grant of Consent, the applicants herein, though they were not parties to the proceedings before the Appellate Authority, filed an application in PIL No.438 of 2013 before the Hon'ble High Court of Andhra Pradesh which was disposed of on 28.10.2013. A reading of the order would clearly indicate that while disposing of the said application in PIL No.438 of 2013 the Hon'ble High Court of Andhra Pradesh granted liberty to the applicants to prefer an appeal. All the applicants filed an appeal before the Tribunal. It is candidly admitted by the counsel for the applicants that the appeal was dismissed as withdrawn and thus it is quite evident that the liberty which was originally granted to the applicants herein to prefer an appeal before the Tribunal, was thus exhausted. Having done so, the applicants have come forward with the instant application again. In the considered opinion of the Tribunal, it cannot be permitted. Apart from that in a given case where all procedural formalities were followed in preferring an appeal the application cannot be allowed. In the instant case that procedure was also exhausted. Under the circumstances, it is a fit case where the application has got to be disposed of on the above grounds. It is not as if the applicants are helpless and they can approach the appropriate forum for appropriate relief if they really got any grievance from the point of view of any pollution purportedly caused by the 5th respondent. Accordingly, the application is disposed of.

No cost.