Gujarat High Court
Indian Auto Lpg Coalition (Iac) vs Dhangadhra Prakruti Mandal & ... on 17 July, 2015
Bench: Jayant Patel, J.B.Pardiwala
C/MCA/417/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR REVIEW) NO. 417 of 2014
In WRIT PETITION (PIL) NO. 47 of 2011
With
MISC. CIVIL APPLICATION NO. 418 of 2014
In
WRIT PETITION (PIL) NO. 54 of 2011
With
MISC. CIVIL APPLICATION NO. 419 of 2014
In
WRIT PETITION (PIL) NO. 47 of 2011
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INDIAN AUTO LPG COALITION (IAC)....Applicant(s)
Versus
DHANGADHRA PRAKRUTI MANDAL & 11....Opponent(s)
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Appearance:
MR MAYUR RAJGURU, ADVOCATE for the Applicant(s) No. 1
GOVERNMENT PLEADER for the Opponent(s) No. 3 4
M/S TRIVEDI & GUPTA, ADVOCATE for the Opponent(s) No. 6 ,
9
NOTICE SERVED for the Opponent(s) No. 1 4 , 6 8
NOTICE UNSERVED for the Opponent(s) No. 9 , 11 12
MR AMIT M PANCHAL, ADVOCATE for the Opponent(s) No. 1
MR ASPI M KAPADIA, ADVOCATE for the Opponent(s) No. 8 ,
10
MR BIREN A VAISHNAV, ADVOCATE for the Opponent(s) No. 5
MR DEVANG VYAS, ADVOCATE for the Opponent(s) No. 2
MR NEERAJ SONI, ADVOCATE for the Opponent(s) No. 11
MS ANUJA S NANAVATI, ADVOCATE for the Opponent(s) No. 7
MS MINOO A SHAH, ADVOCATE for the Opponent(s) No. 12
NOTICE NOT RECD BACK for the Opponent(s) No. 10
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CORAM: HONOURABLE MR.JUSTICE JAYANT PATEL
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 17/07/2015
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. It appears that there is no response on behalf of the Union of India. Mr.Aspi Kapadia, learned counsel states that he has instructions to appear Page 1 of 3 C/MCA/417/2014 ORDER for State Government and its officers and he will decide as to whether he would continue for respondent no.8 or not which is a separate entity than the State Government, though Government company.
2. As such, it was last time conveyed when the matter was listed that the State Government may come out with some concrete proposal for discontinuation of the use of diesel vehicle in phasewise manner in order to see that the pollution is reduced to the substantial extent. The data is not produced about the level of pollution on account of the use of diesel in two wheelers and four wheelers and if yes, the age of the vehicle, etc.
3. Therefore, respondent no. 3, State of Gujarat through Chief Secretary and respondent no.5, Secretary of the Gujarat Pollution Control Board shall submit the following details
1) The number of diesel vehicles registered with RTO authority in the State, categorywise, i.e., two wheeler and four wheeler.
2) The age of the respective diesel vehicle shall also be mentioned.
3) The level of pollution being generated on account of use of diesel, two wheelers and four wheelers separately with modelwise or Page 2 of 3 C/MCA/417/2014 ORDER agewise, as the case may be.
4) Respondents 3 and 5 shall suggest any measure for discontinuation of the use of diesel vehicle in a phasewise manner as per the age, preferably more than 10 years old.
4. The report shall be submitted on or before 20.08.2015. S.O. to 21.08.2015.
(JAYANT PATEL, J.) (J.B.PARDIWALA, J.) bjoy Page 3 of 3