Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
RAVI NATH TILHARI, MAHESWARA RAO KUNCHEAM
Kalki Bhagavan Fal G Brick Industry Represented by its Proprietrix, Smt Karanam Venkata Lakshmi – Appellant
Versus
State of Andhra Pradesh Represented by its Principal Secretary Environment Forest science and Technology Department – Respondent
Order :
Ravi Nath Tilhari, J.
Heard Sri Shaik Md.Umar Abdullah, learned counsel for the petitioner, Ms.K.Swaroopa Rani, learned Assistant Government Pleader, representing learned Government Pleader for Forests appearing for the 1st respondent, Sri Yelisetty Soma Raju, learned Standing Counsel appearing for the respondents 2 to 4, and Sri Y.Nagendra, learned counsel representing Sri V.V.Satish, learned Standing Counsel for the 5th respondent.
2. Under challenge is the order of closure dated 08.04.2025 passed by the 4th respondent-Environmental Engineer. The said order was passed making a mention under reference No.3 that a show cause notice No.1003/PCB/RO-VSP/2025, dated 07.01.2025 was issued to the petitioner.
3. The main ground of challenge is that any such notice was not issued to the petitioner and without affording any opportunity of hearing, directly, the order of the closure was passed in violation of the principles of the natural justice.
4. Time was granted to obtain instructions to the learned Standing Counsel appearing for the respondents 2 to 4.
5. Counter-affidavit was filed, mentioning that the show cause notice dated 07.01.2025 was issued and a copy was also annexed to the
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.
Demand notices for illegal mining without prior hearing violate natural justice; must be remanded for show cause and personal hearing.
The court upheld the legality of the closure of the industrial establishment, affirming that the majority acceptance of a severance package by workers binds all, including dissenting individuals.
Notice of closure - Petitioner has been running the bricklin without any permission or licence - petitioner has been running the bricklin without any permission or licence
Closure order upheld for non-compliance with pollution control directives despite hearings; mandatory consent and bank guarantee required.
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.
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
