Gujarat High Court
Lord'S vs Chairman on 13 April, 2010
Bench: S.J.Mukhopadhaya, Akil Kureshi
SCA/7652/2009 3/ 4 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7652 of 2009 With SPECIAL CIVIL APPLICATION No. 3393 of 2010 With SPECIAL CIVIL APPLICATION No. 3181 of 2010 With CIVIL APPLICATION No. 2741 of 2010 In SPECIAL CIVIL APPLICATION No. 3181 of 2010 With CIVIL APPLICATION No. 3564 of 2010 In SPECIAL CIVIL APPLICATION No. 7652 of 2009 To CIVIL APPLICATION No. 3569 of 2010 In SPECIAL CIVIL APPLICATION No. 7652 of 2009 ================================================== LORD'S SEASIDE COOPERATIVE HOUSING SERVICE SOCIETY LTD & 9 - Petitioner(s) Versus CHAIRMAN / MEMBER SECRETARY & 8 - Respondent(s) ================================================== Appearance : MR TS NANAVATI for Petitioner(s) : 1 - 3.MR BHUSHAN B OZA for Petitioner(s) : 4 - 10. RULE SERVED BY DS for Respondent(s) : 1 - 7. MR TUSHAR MEHTA SR ADVOCATE WITH MR SUNIL L MEHTA for Respondent(s) : 1 - 2. M/S TRIVEDI & GUPTA for Respondent(s) : 3 - 4. GOVERNMENT PLEADER for Respondent(s) : 5, MR MPSHAH for Respondent(s) : 6 7. MR S I NANAVATI SR ADVOCATE for Industries Association MS. KRUTI M SHAH for Respondent(s) : 6 - 7. MR SP MAJMUDAR for Respondent(s) : 8, MR PP MAJMUDAR for Respondent(s) : 8, MR ANIP A GANDHI for Respondent(s) : 9, ================================================== CORAM : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA and HONOURABLE MR.JUSTICE AKIL KURESHI Date : 13/04/2010 ORAL ORDER
(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) A brief monitoring report submitted by the Sardar Vallabhbhai National Institute of Technology, Surat (for short SVNIT ) in regard to 39 closed industries. After inspection of 39 units, the discrepancies having found, recommendation has been made to close the following 22 (Twenty Two) industries:
Sr.No. Name of Industry 1 M/s Balaji Industries 2 M/s Laxmi Industries 3 M/s Shivam Chemicals 4 M/s Polychem Industries 5 M/s Umiya Industries 6 M/s R D Industries 7 M/s Udit Chemicals 8 M/s Swadesh Textiles Pvt. Ltd.9
M/s Shree Maa Pharma Chem Ltd 10 M/s Merit Organics 11 M/s Alicon Pharma 12 M/s Sunway Laboratories 13 M/s Alchemie Industries 14 M/s Jyoti Chemicals 15 M/s Arihant Rubber Industries 16 M/s Shree Raghavendra Metal Industries 17 M/s Perfact Environ Control System Ltd 18 M/s Concare Technologies 19 M/s HOC Chem 20 M/s Konark Natural & Photo Chemical 21 M/s Modifoam Processing Industries 22 M/s Bella Beauty Cosmetics Pvt Ltd.
So far as following 14 (fourteen) industries are concerned, recommendation has been made for trial run for three months subject to the stipulated conditions given in the report.
Sr.No. Name of Industry 1 M/s Ronak Chemical 2 M/s Pioneer Embroideries Ltd 3 M/s Orachle Export Home Textile Pvt. Ltd.4
M/s G M Knitting Industries Pvt Ltd.5
M/s Macheods Pharmaceuticals Ltd (Unit-5) 6 M/s Van Petrochemical & Pharma (I) Pvt. Ltd.7
M/s Femy Care Ltd 8 M/s Mission Pharmaceutical 9 M/s Thursday Chemical 10 M/s Jyoti Industries 11 M/s Shree Ganeshwara Dye Chem 12 M/s Grantex & Co. Pvt. Ltd.13
M/s Arihantam Organics 14 M/s Hard Castle Petrofer Pvt. Ltd.
Trial run for three months for a specific one unit given in respect of following unit.
Sr.No. Name of Industry 1 M/s SDA Products Trial run for three months with 50 % of approved production capacity and subject to the conditions stipulated in the report in respect of following two units.
Sr.No. Name of Industry 1 M/s Shubh Synthetic 2 M/s Sabero Organics Gujarat Ltd.
Learned Sr. Advocate Mr.Tushar Mehta appearing on behalf of Gujarat Pollution Control Board submits that SVNIT by this time inspected more than 55 units and stated that next report will be submitted before the Court when the matter will be taken up.
Learned Sr. Advocate Mr.S.I.Nanavati appearing on behalf of Association of Industries submits that many of the industries have already rectified the defects and some of them will also rectify the minor defects as pointed out by the SVNIT in its report. On such rectification, SVNIT may be directed to have a fresh inspection and thereby to allow the industries to function.
Taking into consideration the facts and circumstances, while we allow the SVNIT to inspect the rest of the industries / units and to submit another detailed report with regard to them, order closure of 22 (twenty two) units named above, with further direction to other units as noted above to act in terms of the recommendations of the SVNIT. The GPCB will submit a report and ensure closure of the units as observed above. If defects have been rectified by one or other units, the matter will be considered on the next date.
Let a copy of the report be kept on record. A copy of this order be handed over to the learned counsel for the parties. Earlier order of trial run passed by this Court on 19th March 2010 stands modified to the extent above.
Civil Applications Nos.3564 to 3569 of 2010 stand disposed of.
(S. J. MUKHOPADHAYA, C.J. ) ( AKIL KURESHI, J. ) kailash