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Andhra Pradesh High Court
Judges : DUBAGUNTA SUBRAHMANYAM, S.R.NAYAK, BILAL NAZKI, G.ROHINI
K.C.P.Sugar, Industries Corporation limited - Appellant
Versus
Government Of A.P. - Respondent
Decided On : 09-26-02
Civil Law – Civil Suit - Writ Petition – Writ of Mandamus - Distilleries Association demanded State Government to enhance purchase price of arrack with effect from By G. O. Ms Revenue, Government constituted a Committee of Officers to examine demands of Distilleries Association and make recommendations to Government - Pending receipt of report of Committee, interim orders were issued in G. O. Ms., revenue, fixing purchase price of arrack as per rates indicated in said G. O. with effect from - Subsequently, Committee of Officers submitted report - Committee was of opinion that there is no justification for increase in price of arrack with effect from - It recommended rates of purchase price of arrack with effect from and those rates include Rs towards pollution control fund - Committee recommended that an additional payment of paise per B. L of 30 UP arrack be made to those distilleries which commission both anerobic and aerobic treatment plants for effluents made them functional and obtain a certificate to that effect from A. P. Pollution Control Board - Pleaded by writ petitioner that it erected effluent treatment plant at cost of Rs. 2. 5 crores comprising anerobic and aerobic plants apart from activated sludge process and they have commissioned it from - On this aspect, in counter it is admitted that petitioner- unit has erected effluent treatment plant comprising of anerobic and aerobic plants - Petitioner an additional amount per bulk liter on arrack supplies from and amount per bulk liter of Rectified spirit supplied and in future as per G. O Ms Revenue Excise-Ill department, by declaring proceedings in number B1/3494/91/ddb/ ex of Commissioner of Excise and consequential proceedings of Director of Distilleries and Breweries, ap in C. R No. C3/2320/92/ddb/ex. as illegal, arbitrary, void abinitio and un enforceable – Held, Court are unable to accept above contention. Mere establishment of effluent treatment plant is not sufficient to claim benefit of additional price in shape of incentive of amount granted by G. O. Ms - For claiming such incentive by way of additional price of amount - it must be shown that during period covered by claim said effluent treatment plant is functioning and it is achieving standards prescribed by A. P. Pollution Control Board during relevant period - It is essential and obligatory on part of writ petitioner to produce a certificate from A. P. Pollution Control Board for every period covered by its claim showing that effluent treatment plant established by it is really functioning and it is achieving standards fixed by A. P. Pollution Control Board - In our considered opinion, writ petitioner is not entitled to claim of payment of additional price (incentive) of from amount respondents without production of relevant certificate from Pollution control Board - Order of learned single Judge on this aspect is not liable to be varied or set aside - Court find no force in contention advanced on behalf of appellant regarding this aspect of order of learned single Judge - Order of learned single Judge is partly set aside - Respondent is directed to pay additional price (incentive) of amount as mentioned in G. O. Ms with effect from to writ petitioner-unit subject to production of a certificate from A. P. Pollution Control Board on month to month basis regarding functioning of effluent treatment plant and achieving standards fixed - A. P. Pollution Control Board. Both parties are directed to bear their own costs - Writ Appeal Allowed.
( 1 ) THIS appeal is filed by the writ petitioner in W. P No. 25 of 1993 aggrieved by the order dated 19. 8. 1998 by a learned single judge of this Court dismissing the said writ petition.
( 2 ) THE writ petition was filed requesting this Court to issue a writ of mandamus directing the respondents to pay the petitioner an additional amount of rs. 0. 10 ps per bulk litre on arrack supplies from 1. 10. 1989 to 28. 2. 1991 and Rs. 0. 235 ps per bulk litre of Rectified spirit supplied from 1. 10. 1989 to 30. 11. 1992 and in future as per G. O Ms. No. 91 Revenue Excise-Ill department, dated 7. 2. 1991 by declaring the proceedings in number B1/3494/91/ddb/ ex. , dated 30-11-1992 of the Commissioner of Excise and the consequential proceedings of Director of Distilleries and Breweries, ap in C. R No. C3/2320/92/ddb/ex. dated 16-1-1993 as illegal, arbitrary, void abinitio and unenforceable.
( 3 ) THE Distilleries Association demanded the State Government to enhance the purchase price of arrack with effect from 1. 10. 1987. By G. O. Ms. No. 401, Revenue, dated 8. 5. 1990, the Government constituted a Committee of Officers to examine the demands of Distilleries Association and make recommendations to Government. Pending receipt of the report of the Committee, interim orders were issued in G. O. Ms. No. 402, revenue, dated 8. 5. 1990 fixing the purchase price of arrack as per the rates indicated in the said G. O. with effect from 1. 10. 1989. Subsequently, the Committee of Officers submitted the report. The Committee was of the opinion that there is no justification for increase in the price of arrack with effect from 1. 10. 1987 or 1. 10. 1988. It recommended the rates of purchase price of arrack with effect from 1. 3. 1989 and those rates include Rs. 0. 05 ps. towards the pollution control fund. The Committee recommended that an additional payment of rs. 0. 10 paise per B. L of 30 UP arrack be made to those distilleries which commission both anerobic and aerobic treatment plants for the effluents made them functional and obtain a certificate to that effect from the a. P. Pollution Control Board.
( 4 ) THE Government after examining the report of the Committee of Officers decided to accept the recommendations of the Committee in toto. It issued G. O Ms. No. 91, Revenue (EX. III) Department dated 7. 2. 1991. This writ petition relates to additional payment of Rs. 0. 10 ps. per BL of 30 UP arrack. The Government order as per g. O Ms. No. 91 relating to the above additional payment reads as follows:"the Government also order that an additional payment of 0. 10 paise per B. L on arrack of 30 UP supplied, be made to those distilleries which commission both anerobic and aerobic treatment plants for the effluents, subject to the conditions that they produce a certificate to that effect from the A. P. Pollution Control Board. "
( 5 ) IT is pleaded by the writ petitioner that it erected effluent treatment plant at the cost of Rs. 2. 5 crores comprising anerobic and aerobic plants apart from activated sludge process and they have commissioned it from 1. 10. 1988. On this aspect, in the counter it is admitted that the petitioner- unit has erected effluent treatment plant comprising of anerobic and aerobic plants. It is further pleaded in the counter that after erecting the said effluent treatment plant, the writ petitioner applied for the release of loan assistance of Rs. 25. 00 lakhs from the government tb install and complete the biomanipulation plant so as to achieve the standards prescribed by the A. P. Pollution control Board. It is pleaded that since the petitioner itself is committing that the plant erected is not in complete shape and wanted loan assistance from the Government to achieve the standards, it is not entitled for the payment of additional amount of rs. 0. 10 ps. However, in the counter-affidavit, it is admitted that the A. P. Pollution control Board has certified that the plant erected by the writ petit
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