Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
RAVI NATH TILHARI, MAHESWARA RAO KUNCHEAM
Hygiene Biomed Services – Appellant
Versus
State of Andhra Pradesh, Department of Environment, Forest, Science and Technology (Sec.VI) Rep. by its Special Chief Secretary – Respondent
JUDGMENT :
Ravi Nath Tilhari, J.
Heard Sri S. V. S. S. Sivaram, learned counsel for the petitioner, Sri Meka Rahul Chowdary, learned counsel for the 5th respondent and Sri Y. Soma Raju, learned counsel for respondents No.2 to 4.
2. The present writ petition has been filed under Article 226 of the Constitution of India to adjudge and declare the recommendations of the 3rd respondent in its 263rd meeting dated 30.05.2025 vide its minutes dated 03.06.2025 to issue Standard Terms of Reference (ToR) to the 5th respondent for relocation of its Bio Medical Waste Treatment Facility from Dharmavarappadu Thanda, Jaggayapeta Mandal, NTR District (Unit One) to Industrial Development Area (IDA), Kondapalli, NTR District, as illegal, arbitrary, irrational without jurisdiction, contrary to the Bio Medical Waste Management Rules 2016 (in short ‘Waste Management Rules 2016’), the Revised Guidelines for Common Bio-Medical Waste Treatment and Disposal Facilities 2025 (in short ‘Revised Guidelines 2025’) as also The Environment Protection Act, 1986, Water (Prevention and Control of Pollution) Act 1974 and Air (Prevention and Control Pollution Act) 1981, besides being violation of the principles of natura
The court held that the petitioner has the right to challenge relocation recommendations based on potential harm to its interests, reinforcing the need for a thorough review process under environment....
Environmental Clearance – Where adverse consequences of denial of ex post facto approval outweigh consequences of regularization of operations by grant of ex post facto approval, and establishment co....
Court confirmed the mandatory requirement of gap analysis for the establishment of new biomedical waste facilities, emphasizing jurisdictional limitations on appellate authority and the importance of....
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 co....
The court established that environmental regulations applicable to waste processing facilities depend on the timeline of their establishment and that prior compliance with earlier rules is sufficient....
Writ jurisdiction can be denied if an alternative statutory remedy exists, and suppression of material facts must significantly impact the case's adjudication.
An educational institution must obtain Environmental Clearance, and hospitals are not exempt from this requirement under the EIA Notification, confirming obligations for compliance with environmental....
Project proponents must obtain Environmental Clearance before commencing construction as failure constitutes a legal violation, necessitating remediation and compensation under environmental laws.
The court emphasized strict compliance with bio-medical waste management norms, directing against unauthorized operations and underscoring environmental law precedence over business interests.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
