The court affirmed the right of affected parties to participate in public consultations regarding environmental clearances, emphasizing the need for regulatory authorities to consider all material concerns raised.

JUDGMENT :

Ravi Nath Tilhari, J.

Heard Sri K. S. Murthy, learned senior Advocate, assisted by Sri K. Guru Raja, learned counsel for the petitioners, Sri Yelisetty Soma Raju, learned standing counsel for the respondents 3 & 4 and Sri Posani Venkateswarlu, learned senior Advocate, assisted by Sri Vimal Varma Vasireddy, learned counsel for the 11^th respondent. Ms. K. Vijayeswari, learned Assistant Government Pleader for Revenue appears for the respondents 1, 2, 6, 7 & 8.

2. Learned counsels for the respondents advanced the arguments. They did not pray for counter affidavit.

3. The 11^th respondent-M/s.Dalmia Cements (Bharath) Limited, (Cement Division), Y. S. R. Kadapa District, had constructed and established its Cement Factory in 2006. It applied for expansion of cement production unit from 4.6 M.T.P.A to 12.6 M.T.P.A and mining unit from 3.819 to 11.32 M.T.P.A. and for that purpose for environmental clearance.

4. The Environment Engineer of A. P. Pollution Control Board, respondents 3 and 4 published Public Hearing Notification dated 21.02.2025 (in short ‘the Notification, dated 21.02.2025’), on the proposal of M/s.Dalmia Cement (Bharat) Limited for expansion of Nawabpeta Talamanchipatnam Limestone Mine from 3.819 to 11.32 MTPA, 1.51 MTPA of OB and 0.76 MTPA of Soil (total excavation 13.59 MTPA) in the Mine Lease area of 407.05 Ha., located in Nawabpeta & Talmanchipatnam Villages, Mylavaram (M), YSR Kadapa District, giving details of the Project, fixing the date 27.03.2025 at 12.30 p.m, at the specified Venue, near Solar Power Plant of M/s.Dalmia Cement (Bharat) Limited, Nawabpeta & Dugganapalli Villages, Mylavaram Mandal, YSR District for public hearing. The Notification has invited the concerns of the local affected people, if any, on the proposed project, within 30 days from the date of publication of the notification, in writing to the Environmental Officer, of the A. P. Pollution Control Board, YSR District, as also to participate in the proceedings of the public hearing on the specified date and venue.

5. The petitioners have filed the present writ petition for declaring the action of the respondent authorities in processing the application of the 11^th respondent for enhanced capacity of factory and mine, as also in issuing publication of the Notification dated 21.02.2025, on the grounds of being violative of the principles of natural justice, illegality and arbitrariness, submitting that the processing of the application was made without referring to the reports of the Irrigation Department regarding flooding etc., i.e., causing environmental pollutions, without waiting for the report of the High Level Committee constituted by the Government vide G.O.Ms.No.90 dated 17.12.2024.

6. Sri K. S. Murthy, learned senior Advocate for the petitioners, submitted that the 11^th respondent in his application for expansion (Ex.P10), inForm-I, under Point-II Activity, 1-Table, at Serial No.1.24, filled ‘No’.Sl.No.1.24 is as under:

“Changes in water bodies or the land surface affecting drainage or run-off?”

In the Column of Details, in the same table, against same Sl.No.1.24, the 11^th respondent mentioned as under;

“There will be no change in water bodies or the land surface affecting drainage or run-off. Topography of the area is more or less flat; which may require little leveling for construction of new Line and Solar Power Plant”.

7. Learned senior Advocate submitted that the information so furnished or the details submitted by the 11^th respondent ‘No’ as also in the remarks column, are not correct. There is suppression of fact. He submitted that in the year 2006, without considering the objections raised, the clearance was issued by the official respondents and the 11^th respondent constructed and established its cement factory occupying the flood plains. The cement factory was constructed adjacent to the main stream of Chinnakommerla, Duggana palle village, Mylavaram mandalam, YSR Kadapa District. On the opposite side bit up stream, of the nat