Court : Andhra Pradesh
Reported in : (1990)IILLJ577AP
order1. the questions that arise in this batch of writ petitions are whether m/s. national remote sensing agency, hereinafter described as 'nrsa' is an industry within the meaning of s. 2(j) of the industrial disputes act and whether the reference made by the state government can be said to be valid in view of the provisions of s. 2(a)(i) and (ii) of the said act. the questions also arises whether in the event of 'nrsa' being held to be an 'industry' relief can be granted to the petitioners under s. 25(f) of the said act without deciding whether the reference by the state government through labour court before the industrial tribunal was valid. sub. cl(bb) of s. 2(oo) also falls for consideration. each of the four writ petitions has been preferred against the awards of the labour court holding against the petitioner on two preliminary points. the first one related to the question whether 'nrsa' was an 'industry' and the second one was whether the state government which made the reference was competent to make the reference. the labour court held on the first question that 'nrsa' was not an industry and on the second question it was not competent for the state government to make the reference and that it was only the central government which should have made the reference. in view of those findings, the court also held that the third point whether the termination of the petitioners amounting to retrenchment did not survive and that therefore no relief can be granted under the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(4)ALT275
orders.b. sinha, c.j.1. a question as to whether inter alia any constructions should be allowed to be raised in and around hussain sagar is involved in this application.the lake in question is one of the oldest fresh water lakes situated within the twin cities of hyderabad and secunderabad, built sometime in 1562. it was fed by bulkapur canal which was a tributary of musi river which is about 32 miles away from hyderabad. it is not in dispute that supply of potable water to the people living in the residential area now called secunderabad was the prime purpose for which it was originally built. two rest houses built onthe banks of hussain sagar were converted into hyderabad and secunderabad sailing club. the water of the lake was not only being used for maintenance of public gardens, sanjeevayya gardens, but also for railways and industry. industrial pollution found its way in the lake in 1964. although the lake is now said to be free from industrial pollution, it still suffers from bacterial pollution due to increasing quantity of human and animal waste. studies were made by several authorities as regards the nature and extent of the pollution of the lake affecting environment and echo system some of which are:1. the fish from the fish kills may be collected and sold to the unsuspecting public. the consumption of fish would lead to problems like skin cancer, gastro-enteritis, fluorosis, and serious effects on the central nervous system of children in particular. 2. the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALD755; 2001(6)ALT162
v.v.s. rao, j.1. the petitioner, a functional co-operative society of fishermen (for short 'the society'), registered under the provisions of the a.p. co-operative societies act, 1964 (for short 'the act'), has filed this writ petition complaining that respondent nos.1 and 2, namely, a.p. pollution control board and the environmental engineer, are allowing respondent nos.7 to 14 to run their industries, located in kondamadugu village, bibinagar mandal, nalgonda district, without proper checks and balances, with regard to the discharge of untreated effluents into pedda cheruvu tank, resulting in loss of fish wealth due to pollution. the society, therefore, prays for damages amount to rs.20,00,000/- for the loss of fish wealth for the fishing year 1998-99.2. in the affidavit, filed in support of the writ petition, it is stated that the petitioner-society has about 147 poor fishermen as members, and they eke out their livelihood by growing and marketing the fish, fished out from pedda cheruvu, which has total water spread areaof ac.500-00. that, during 1998-99, the petitioner-society released fish seed in pedda cheruvu, and the entire fish, weighing not less than 28 tons, died in the last week of november, 1998, because the untreated industrial effluents were discharged into pedda cheruvu by respondent nos.7 to 14, which include paper mill, pharmaceutical unit, solvent oil mill, juice company, cotton and oil company etc. the petitioner-society alleges that the aforementioned .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD136; 2002(2)ALT356
v.v.s. rao, j.introduction 1. the chairman of paryavarana parirakshana parishad, kavali addressed letter to the hon'ble the chief justice of high court of a.p. on 16.8.2000. it was stated therein that the said parishad filed w.p. no. 929 of 1999 before this court, that though an order was passed therein to establish sewage treatment plant (stp) to brindavan colony, kavali, the same was not done and that nearly 27,000 people are using drinking water from papireddy tank which is being polluted. the same was treated as writ petition and notice was-ordered to all concerned.2. the general secretary of citizens welfare committee, kavali addressed another letter to this court complaining that there is no drainage/sewerage system maintained by municipality and that the whole sewage is being let out into papireddy tank which is situated in south-west corner of kavali. the whole papireddy tank is silted and it is full of drainage water. this is also causing loss to the ayacutdars as they are not able to draw water for irrigation purposes. onnorthern side of kavali town there is irrigation channel, known as pantekaluva supplying water to the fields on the northwest corner of the town. the said canal gets supply from pennar reservoir situated at sangam. as kavali municipality failed to provide drainage system properly, citizens of kavali town are being put to great hardship. this is resulting in epidemics such as malaria and viral fever besides turning the town into mosquito breading .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(3)ALT636
orderbackground facts 1. the petitioners 2 to 52 are members of the first petitioner association (perali water users association no.130) and they are ayacutdars of irrigation channel called p.t.channel which is part of krishna western delta system (kwds) under nagarjunasagar - srisailam project. one of the distribution points of kwds is duggirala lock from where four major distributory channels including commamuru channel branch off catering to the needs of ayacutdars in guntur district and to a small extent in prakasam district. commamuru channel supplies water mainly to guntur district and p.t. channel branches off at nallamada lock. according to the petitioners, the irrigation advisory board of krishna district resolved to supply water to krishna, west godavari and guntur districts to an extent of acs.2,18,000, acs.27,000 and acs.25,000 (total - acs.2,70,000) under prakasam barrage through four distributory channels including commamuru channel. however, the irrigation advisory board of guntur district, resolved to provide water for irrigating only acs.18,000 under the ayacut of nizampatnam channel which is one of the four distributory channels branching off at duggirala lock. an extent of acs.7,000 was not proposed for irrigation under rabi crop season. it is alleged that distributory committee/water users association no.6 covering p.t.channel resolved on 25-11-2001 recommending supply of water for rabi crop even to acs.7,000 at the tail end of p.t.channel. representations .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALD211; 2002(4)ALT788; [2002(95)FLR786]; (2002)IIILLJ741AP
orderb.sudershan reddy, j. 1. in this batch of writ petitions, the question that arises for consideration is: 'whether the national remote sensing agency is an 'industry' as defined in section 2(j) of the industrial disputes act, 1947?'factual matrix: 2. in order to decide the said question, we may have to notice the relevant facts leading to filing of these writ petitions and the events leading to the reference by a division bench of this court to a larger bench for resolution of the issue: 3. the respondents in this batch of writ petitions claiming to be the workmen in the petitioner-management invoked the jurisdiction of the additional industrial tribunal-cum-additional labour court, hyderabad under section 2-a(2) of the industrial disputes act, 1947 (for short 'the act') seeking their reinstatement into service on the ground that they were retrenched by the petitioner-management without following the procedure prescribed under section 25-f of the act. 4. the petitioner-management filed a detailed counter opposing the claim of the workmen for their reinstatement into the service and inter alia pleaded that: (1) the petitioner-management is not an 'industry' within the meaning of section 2(j) of the act; and (2) the 'appropriate government' in respect of the petitioner-management under section 2 (a) (i) is the central government and so the petition under section 2-a(2) of the act, which is an amendment made and applicable by the state of andhra pradesh is not applicable to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2005AP155; 2005(1)ALD325
devinder gupta, c.j.1. petitioners, including a retired engineer-in-chief, a.p. transco, belong to various sections of society. petitioners 3 to 6 and others are stated to have formed an association called 'pulichintala project porata sambhavana committee'. they claim that this association includes the affected farmers of guntur and nalgonda districts whose agricultural lands are situate near the proposed site of pulichintala project and to safeguard the interests of the people living in twelve villages situated in nalgonda and guntur districts, whose lands are likely to be submerged if the project is allowed to commence at the site, this writ petition has been filed as 'public interest litigation' on 30.9.2004. the writ petition challenges the action of the respondents in commencing the pulichintala project for the purpose of stabilizing the command area under prakasham barrage. inter alia, it is alleged that the respondents have decided to commence the pulichintala project without obtaining environmental clearance, as envisaged under the environment (protection) act, 1986. without obtaining such consent, the petitioners allege that the work of the proposed project cannot be commenced.2. rule nisi was issued in the writ petition on 4.10.2004. the petitioners also filed miscellaneous application, viz., w.p.m.p. no. 23349 of 2004, praying for issuance of directions that the respondents be restrained from finalizing the tender process and not to commence the construction work .....
Tag this Judgment!Court : Andhra Pradesh
introduction hyderabad with its twin city of secunderabad apart from being the capital of andhra pradesh is also famous for its social and cultural history, pearls, pharma and software companies besides being the home of more than seven million population. it is a fast developing sprawling mega city with fast track growth initiatives and - as rumoured; a place for greedy and fortune hunters to make quick buck with speculation, political lobbying and subtle methods of cheating. the growth mine is not only gold mine for such people but a destiny for millions in search of a humble avocation to eke out decent livelihood. the city with less than a million population half a century ago is now spread over 10,000 square kilometers. in addition to irreversible environmental problems, it has also thrown up the problems of immense concern in relation to urban utilities, transport, mobility, movement and day-to-day life. municipal corporation of hyderabad (mch) and hyderabad metro development authority (hmda) constituted under hyderabad metro development authority act, 2007 and hyderabad metropolitan water supply and sewerage board (hmws&sb;) and similar statutory bodies continuously attempt to conceive, plan and implement many projects to make this mega city a citizen friendly habitation. outer ring road (orr) in 1984, a unique urban infrastructure initiative was mooted. it is to put in place an outer ring road (orr) to reduce urban congestion. the feasibility study for this 'green .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1956]7STC26(AP)
ordersubba rao, c.j.1. this batch of revisions is filed against the order of the sales tax appellate tribunal holding that the material used to pack the redried tobacco was the subject of sale and was, therefore, liable to sales tax.2. the petitioners m/s. a. s. krishna & co. have a plant for redrying raw tobacco. owners of tobacco give them tobacco for redrying, the petitioners purchase the material necessary for packing, redry the tobacco and pack it before delivering it to the customer. they collect from each customer a consolidated charge for redrying as well as packing. aggregate charges are levied at the rate of one anna per ib. besides a charge of re. 1 per bale. for the years 1950-51, 1951-52, 1952-53 and 1953-54 they were assessed to sales tax on the sale turnover of the packing material. the sales tax appellate tribunal held, that, though tobacco was exempt from sales tax, the packing material was not exempt and that, as the packing materials were transferred to the constituents for consideration the transactions amounted to sales and, therefore, they were liable to sales tax.3. mr. sayee, learned counsel for the appellants, contended that packing is an integral part of the drying process and, therefore, the contract between the parties is one of work and labour and that no sale is involved in the transaction. the learned government pleader, on the other hand, argued that the process of packing is not a part of the drying process but is entirely extraneous to it. as .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1971]28STC110(AP)
madhava reddy, j. 1. the questions that arise for consideration in this petition for the issuance of a writ of prohibition or for any other direction filed by a registered dealer is whether 'watery cocoanuts' are 'oil-seeds' within the meaning of section 14(vi) of the central sales tax act (hereinafter referred to as the central act) and whether they are exigible to tax in, the course of inter-state trade or commerce when they have already suffered tax under the andhra pradesh general sales tax act, 1957 (hereinafter referred to as the state act).2. the petitioner who is a registered dealer under the andhra pradesh general sales tax act and who mainly deals in watery cocoanuts at kanchili in srikakulam district filed returns disclosing a gross turnover of rs. 4,64,979.64 in watery cocoanuts and claimed an exemption on a turnover of rs. 24,858.50 for the year 1964-65 through form vi returns. after scrutinising the return, the commercial tax officer, srikakulam district, fixed the gross turnover at rs. 4,60,033.09 and net turnover at rs. 4,27,060.35 after allowing exemption on a turnover of rs. 32,972.75. he then issued the impugned notice g.i. no.70/64-65 c.s.t. dated 30th july, 1965, proposing to fix the net turnover as indicated therein under the central act and directing the petitioner to file his objections, if any, along with the books of accounts and intimating him that on failure to do so, the assessment would be completed as notified therein. in the said notice, while .....
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