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2024 Supreme(Online)(NGT) 1139

NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
KHAMBAMPATI VENATA RAMESH – Appellant
Versus
THE JOINT CHIEF ENVIRONMENTAL ENGINEER THE AP POLLUTION CONTROL BOARD ZONAL OFFICE ANR – Respondent


Advocates:
For the Petitioner: K.SARADA DEVI
For the Respondent:

JUDGEMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. The above appeal is directed against the impugned closure order dated 15.07.2022 issued by the Andhra Pradesh Pollution Control Board (APPCB), vide Order No. APPCB/ZO- VJA/EAC/2022, under Section 33 A of the Water (Prevention and Control of Pollution) Act, 1974 and Section 31 A of the Air (Prevention and Control of Pollution) Amendment Act, 1981, for causing air and noise pollution.

2. The appellant herein is a proprietor of „M/s. Ratnam Modern Rice Mill & Floor Mill‟, which was established in the year 1986, by the erstwhile owners, duly obtaining a valid license from the concerned authorities.

3. The appellant claims that at the time of establishment, there was neither residential nor human habitation in that area. In the year 2020, the 2nd Respondent herein constructed a house near the rice mill, without obtaining any permission from the Tandanki Village Gram Panchayat.

4. The further claim of the appellant is that due to a personal rivalry and with a malafide intention, the 2nd Respondent has filed a writ petition as W.P. No.12269 of 2021 before the Hon’ble High Court of Andhra Pradesh seeking a writ of man

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