IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AMARAVAT AND THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 196 OF 2Ci7*i Between: B. Balakrishna, S/o Bandi Lakshmaiah Kalasraya Street, Proddatur town District 516 360. aged 68 yrs, R/o H.No.4/808-1, Proddatur Mandal, Y.S.R. Kadapa ...PETITIONER AND 1. The State of Andhra Pradesh, rep by its Secretary, Environment Forest, Science and Technology (Sec.I) Department, Velagapudi, Amaravathi, Guntur Dist. Secretariat, 2. The Member Secretary, A.P. Pollution Control Board (APPCB), Dr. YSR Paryavaran Bhavan, APIIC Colony, Gurunanak Colony, Beside Raithu Bazar, Auto Nagar, Vijayawada, Krishna District. 3. The Joint Chief Environmental Engineer, A.P. Pollution Control Board, (APPCB), Zonal Office, Dr. YSR Paryavaran Bhavan No.2, Labour Colony, Venkataraman Colony, Kurnool-518 003. 4. The Environmental Engineer, A.P. Pollution 3^“^ Floor, Road Control Board, (APPCB) Zonal Office, Dr. YSR Paryavaran Bhavan, 3rd Floor, Road No.2. Labour Colony, Venkataraman Colony, Kurnool-518 003. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, Order or direction may more particularly one in the 5. nature of Writ of Mandamus, declaring the action of the respondents i raising a online demand for payment of Balance CTO Rs. 11,21,800/- on the petitioner vide online Notification dt. 6-12-2024 the period 26-2-2021 to 13-2-2023 G.O.Ms.No.13, dated 26-2-2021 which stands in arrears of r for as per the rates levied under superseded as illegal, arbitrary and voilative of Articles 14, and 19 (1) (g) of the Constitution of India and consequentiy set aside demand of Rs. 11,21,800/- made oh petitioner vide Online Notification dated 5-12-2024. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of Online demand for payment of balance CTO arrears of Rs. 11,21,800/- issued by the respondent Officials portal 6-12-2024, in the interest of justice, pending disposal of the Writ Petition before this Hon’ble Court. dt. Counsel for the Petitioner: SRI T. JANARDHAN REDDY Counsel for the Respondent No.1: GP FOR FORESTS Counsel for the Respondent Nos.2 to 4: SRI YELISETTI SOMARAJU FOR APPCB .SC The Court made the following: ORDER APHC010002642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3524] i'"' ■ H^ ■ MONDAY ,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 196/2025 Between; B Balakrishna ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.T JANARDHAN REDDY Counsel for the Respondent(S): 1.GP FOR FORESTS 2.YELISETTI SOMARAJU STANDING COUNSEL APPCB The Court made the following: -'V %' < ■■',4 2 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI r THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 196/2025 ORDER: (per Ravi Nath Tilhari, J) Heard Sri T.Janardhan Reddy, learned counsel for the petitioner and Sri Yellisetty Soma Raju, learned Standing Counsel for APPCB for respondents. 2. Pleadings have been exchanged. 3. With the consent of learned counsel for the parties, this writ petition is being disposed of finally at this stage. The petitioner’s case is that the petitioner is lease holder of Road Metal 4. and Building Stone for specified quantity for a period of 10 years granted vide proceedings dated 23.09.2019. The petitioner was issued Environment Clearance vide order No. SEIAA/AP/KDP/MIN/2019/918, dated 06.08.2019. The validity period was upto 30.09.2024 on which it expired. The petitioner applied for renewal on 16.11.2024. The respondent issued notice dated 06.12.2024, requiring the petitioner to pay the alleged balance consent to operate (in short ‘CTO’) arrears of Rs.11,21,800/- for the period w.e.f. 26.02.2021 to 13.02.2023, said to be as per the rules levied under G.O.Ms.No.13 dated 26.02.2021 which stands superseded by G.O.Ms.No.10 dated 14.02.2023. 4 Challenging the notice, dated 06.12.2024 the present petition has been filed to set aside the demand notice. 3 6. Learned counsel for the petitioner submits that G.O.Ms.No.13 26.02.2021 specifically provided that the revised consent fee for renewal shall come into force after expiry of the validity period. He submits that the validity period of C.T.O came to an end on 30.09.2024. Further, the G.O.Ms.No.13, was superseded by G.O.Ms.No.10 dated 14.02.2023. So. no arrears can be demanded as per G.O.Ms.No.13. The petitioner would be liable to pay the fee only as per prevalent G.O.Ms.No.10. He placed reliance in G.Radha Reddy v. The State of Andhra Pradesh passed by a Co-ordinate Bench of this Court. dated 7. Learned counsel for the respondents submits that calculation of the balance consent fee to be paid by the petitioner is as per the G.O.Ms.No.13 with effect from 26.02.2021 to 13.02.2023 and as per G.O.Ms.No.10 with effect from 14.02.2023 upto 30.09.2024, as shown in the calculation sheet annexed to the counter affidavit. Learned counsel for the respondents further submits that the petitioner was granted the environment clearance on 06.08.2019. At that time there were certain short comings. The petitioner had given undertaking dated 04.09.2019 that he would take necessary action within specified time of two (02) months, to remove those shortcomings. The copy of the undertaking has been annexed with the counter affidavit. 8. 9. We have considered the aforesaid submissions and perused the material on record. WP.No.19097 of 2023 APHC r % 4 G.O.Ms.No.13, dated 26.02.2021 is as under: 10. y “{G.O.Ms.No.13, Environment, Forests, Science & Technology (SEC.I)} 26th February, 2021. NOTIFICATION In exercise of the powers conferred under Section 64 read with sub-section (2) of Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974) and section 54 read with sub-section (2) of section 21 of the Air (Prevention and Control of Pollution) Act, 1981 (Act 14 of 1981) and in supersession of the orders issued in G.O.Ms.No.157, Environment, Forests, Science & Technology Department, dated 22"^ November, 1997 (to the extent of the subjects Oil & Gas sector and Mining projects concerned), the Government hereby revise the Consent Fee for Establishment (CFE) and Consent Fee for Operation (CFO) for Fresh / Renewal of Oil & Gas Sector, mining projects / facilities / activities etc., by the Andhra Pradesh Pollution Control Board as follows: (i) The revised Consent Fee for Establishment is as detailed in Annexure-I of this notification, (ii) The revised Consent Fee for Operation Fresh / Renewal is as detailed in Annexure-ll of this notification. The revised rates of consent fee payable by the Oil & Gas Sector, mining projects / facilities / activities etc., shall come into force from the date of publication of this notification. The existing Oil & Gas Sector, mining projects / facilities / activities etc., who have already obtained CFO of the Board, have to pay the fee as per the revised rates after expiry of the remaining validity period of CFO from the date of issue of this notification. VIJAY KULAR G Srkr Secretary to Government” 11. G.O.Ms.No.10, dated 14.02.2023 is as under: “{G.O.Ms.No.lO, Environment, Forests, Science & Technology (SEC.I)} 14th February, 2023. NOTIFICATION In exercise of the powers conferred under Section 64 read with sub-section (2) of Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974) and section 54 read with sub-section (2) of section 21 of the Air (Prevention and Control of Pollution) Act, 1981 (Act 14 of 1981) and in supersession of the orders issued in G.O.Ms.No.13, Environment, Forests, Science & Technology Department, dated 26th February, 2021, the Government hereby revise the Consent Fee for Establishment (CFE) and Consent Fee for Operation (CFO) for Fresh / Renewal applications from Oil & Gas Sector and Mining Sector - projects / facilities / activities etc., by the Andhra Pradesh Pollution Control Board as follows: The revised Consent Fee for Establishment is as detailed in Annexure-I of this notification. (i) 5 (ii) The revised Consent Fee for Operation Fresh / Renewal is as detailed in Annexure-ll of this notification. The revised rates of consent fee payable by the Oil & Gas Sector, Mining Sector - projects / facilities / activities etc., shall come into force from the date of publication of this notification in the Andhra Pradesh Gazette.” NEERABH KUMAR PRASAD Special Chief Secretary to Government’ Consequently, both the G.O.Ms.Nos.13 & 10 were made to operate 12. prospectively for fresh applications and the renewal applications, the demand as assess pursuant to G.O.Ms.Nos.13 & 10 could not be made for the continuing period of validity of CTO upto 30.09.2024. The application for renewal is pending for consideration before the 13. respondents. On consideration of G.O.Ms.Nos.13 and 10, in G.Radha Reddy 14. (supra), a Co-ordinate Bench of this Court held that the aforesaid G.O.Ms.Nos.13 and 10 cannot be given retrospective effect. Those are only prospective after the expiry of the validity period of CTO(s) concerned. Para Nos.13 to 21 of G.Radha Reddy (supra) read as under: 13. We are of the considered view that any such circular, contrary to G.O.Ms.No.13 and G.O.Ms.No.10, could not be issued, and pursuant thereto, the demand could not be made. 14. It is not disputed that the CTO of the petitioner had been already obtained and was valid upto 30.06.2023. 15. We are of the considered view that G.O.Ms.No.13 or/and G.O.Ms.No.10, cannot be given retrospective effect to the petitioner concern. The same shall apply only prospectively after the expiry of the validity period of the CTO, i.e., after 30.04.2023. from the date of issue of this notification” in 16. The expression G.O.Ms.No.13 and the expression “shall come into force from the date of publication of this notification in the Andhra Pradesh Gazette” in 6 G.O.Ms.No.10 refers the applicability of the G.O.Ms.Nos.13 and 10 respectively, with respect to the fresh applications or the applications for renewal for CTO and CTE and in this way both the G.O.Ms.Nos.13 and 10 are made to operate prospectively. 17. Consequently, the respondents are under duty to consider renewal of CTO without asking the petitioner to pay the alleged arrears of fee for the period covered under previous CTO till its validity period pursuant to G.O.Ms.No.lS & G.O.Ms.No.10 by giving retrospective effect. 18. The order dated 11.05.2023 of the 4*'" respondent cannot be sustained to the extent indicated above for the period up to 30.06.2023 and is liable to be quashed to that extent of demand. 19. Accordingly, the order dated 11.05.2023 is quashed to the extent aforesaid. 20. It is made clear that the petitioner will have to make payment of renewal fee, as per the prevalent G.O.Ms.No.10, dated 14.02.2023. 21. The Writ Petition is allowed with the aforesaid directions. No order as to costs.” So far as the shortcomings mentioned and the undertaking given by the 15. petitioner in 2019 is concerned i.e., whether complied or not complied its a matter to considered by the competent authority before whom the renewal is pending. It is for such authority to take decision that if the shortcomings have not been rectified and the undertaking not honoured, the renewal is to be done not. But, the authority has no jurisdiction to issue notice, demanding the pursuant to G.O.Ms.No.13 & G.O.Ms.No.10, for the period of validity of the petitioner’s CTO upto 30.09.2024, for renewal. or arrears Consequently, this writ petition is being disposed of finally with a direction to the respondents to consider the petitioner’s application for renewal of CTO in accordance with law, but without giving effect to the impugned notice. The case for renewal would be considered without asking the petitioner to pay the arrears under G.O.Ms.Nos.13 & 10 subject of course to the fulfilment of other legal requirements. 16. 7 17. The decision would be taken in a period of four (04) weeks from the date of receipt of copy of this order. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR ^SECTION OFFICER //TRUE COPY// ‘j To, The Secretary, Environment, Forest, Science and Technology (Sec.l) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur Dist. The Member Secretary, A.P. Pollution Control Board, (APPCB), Dr. YSR Paryavaran Bhavan, APIIC Colony, Gurunanak Colony, Beside Raithu Bazar, Auto Nagar, Vijayawada, Krishna District. The Joint Chief Environmental Engineer, A.P. Pollution Control Board (APPCB), Zohal Office, Dr. YSR Paryavaran Bhavan, 3rd Floor, Road No.2, Labour Colony,''Venkataraman Colony, Kurnool-518 003. The Environmental Engineer, A.P. Pollution Control Board, (APPCB), Zonal Office, Dr. YSR Paryavaran Bhavan, 3rd Floor, Road No.2, Labour Colony, Venkataraman Colony, Kurnool-518 003. One CC to Sri T. Janardhan Reddy, Advocate [OPUC] One CC to Sri Yelisetti Somaraju, SC for APPCB[OPUC] Two CCs to GP for Forests, High Court of Andhra Pradesh. [OUT] Three CD Copies. 1. 2. 3. 4. 5. 6. 7. 8. ssb 7 % ^ HIGH COURT DATED:17/03/2025 ORDER WP.No.196 of 2025 X g) APR 2025 a C9, Current Section DISPOSING OF THE W.P. WITHOUT COSTS