Gujarat High Court
Wg Of Ravjibhai Bhimjibhai & Bro. & vs Gujarat Pollution Control Board & 6 on 26 August, 2014
Author: Akil Kureshi
Bench: Akil Kureshi, J.B.Pardiwala
C/SCA/9898/2012 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 9898 of 2012
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
================================================================
1 Whether Reporters of Local Papers may be allowed to see NO
the judgment ?
2 To be referred to the Reporter or not ? NO
3 Whether their Lordships wish to see the fair copy of the NO
judgment ?
4 Whether this case involves a substantial question of law as NO
to the interpretation of the Constitution of India, 1950 or any
order made thereunder ?
5 Whether it is to be circulated to the civil judge ? NO
================================================================
WG OF RAVJIBHAI BHIMJIBHAI & BRO. & 1....Petitioner(s)
Versus
GUJARAT POLLUTION CONTROL BOARD & 6....Respondent(s)
================================================================
Appearance:
MR RD RAVAL, ADVOCATE for the Petitioner(s) No. 1 - 2
MR UTTKARSH SHARMA, AGP for the Respondent(s) No. 2
MR DIPAK H SINDHI, ADVOCATE for the Respondent(s) No. 5
MRS KALPANAK RAVAL, ADVOCATE for the Respondent(s) No. 1
RULE NOT RECD BACK for the Respondent(s) No. 6 - 7
RULE SERVED for the Respondent(s) No. 3 - 4
================================================================
Page 1 of 3
C/SCA/9898/2012 JUDGMENT
CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 26/08/2014
ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. The petitioners have challenged the closure notice dated 16.05.2012 issued by 'Gujarat Pollution Control Board'. The petitioners are an industry situated in Jetpur area of Rajkot District. On the premise that the petitioner was discharging incomplete formalties, such notice was issued on 23.07.2012. While issuing rule, Division Bench of this Court passed following interim direction:-
"2. After going through the materials on records, we permit the unit of the petitioners to start functioning for a trial run for four weeks from today. In the meantime, respondent No.1 - Gujarat Pollution Control Board will revisit the premises of the unit of the petitioners and see whether the unit has complied with all the formalities as required under the law and to submit a report within four weeks."
2. Learned counsel for the petitioners was unable to state about the outcome of said exercise, which may have been undertaken pursuant to the said directions. The 'Gujarat Pollution Control Board' has also not file reply.
3. Under the circumstances, this petition is disposed of with a direction to 'Gujarat Pollution Control Board' to proceed further in accordance with Page 2 of 3 C/SCA/9898/2012 JUDGMENT law on the basis of the results of the analysis samples of trial run.
4. We are informed that one of the petition in the nature of public interest litigation including Special Civil Application No.254 of 2009 alleging pollution in the said reason, is pending before this Court. The Court is examining larger issues concerning the control of pollution by the dyeing unit of Jetpur and contemplating, issue appropriate directions. Such issues would be examining such public interest litigation and for such purpose, this needs not to keep allow. With the above observation, petition is disposed of. Rule is discharged.
(AKIL KURESHI, J.) (J.B.PARDIWALA, J.) aruna Page 3 of 3