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NINALA JAYASURYA, SUMATHI JAGADAM
Star Agro Marine Exports Private Limited – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
This Writ Petition is filed by the petitioner, who is engaged in the business of Shrimp processing and operating an unit, which is stated to be in reviving stage and commenced its production in the month of February, 2024. Challenging the proceedings of the 3rd respondent dated 08.08.2024, in issuing the closure orders under Section 33A of the Water (Prevention and Control of Pollution) Act-1974 (for short “the Act”), the present Writ Petition is filed on various grounds.
2. Learned counsel for the petitioner submits that due to change in the dispensation of the State of Andhra Pradesh, entertaining an anonymous complaint dated 26.06.2024, alleged to have been made by the public residing in the nearby villages against the petitioner, a showcause notice dated 29.06.2024 was issued referring to the observations made by the A.P. Pollution Control Board officials during the inspection conducted on 26.06.2024. He submits that the petitioner submitted a detailed reply dated 12.07.2024 setting out the various measures taken by the petitioner unit, that after submitting the said reply, the respondent authorities entertained one more complaint dated 01.08.2024 stated to have been made
Administrative decisions affecting rights must be reasoned and adhere to principles of natural justice, failing which they are liable to be set aside.
Administrative decisions must be reasoned and adhere to principles of natural justice to be valid.
The court upheld the closure of a manufacturing unit for serious environmental violations, emphasizing the authority of pollution boards to act expediently in cases of grave environmental harm.
Closure order upheld for non-compliance with pollution control directives despite hearings; mandatory consent and bank guarantee required.
The Tribunal upheld the closure order for non-compliance with pollution control regulations, affirming the necessity of ensuring environmental standards.
Industrial units must obtain necessary pollution-related clearances to operate, and environmental protection laws are backed by the courts.
The principles of natural justice do not apply in cases of gross violations of environmental laws, and the court's discretionary jurisdiction cannot be invoked to perpetuate illegalities.
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