Gujarat High Court
Vapi Industries Association vs State Of Gujarat on 6 September, 2011
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION No 7780 of 1996
in
SPECIAL CIVIL APPLICATIONNo 6926 of 1994
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VAPI INDUSTRIES ASSOCIATION
Versus
STATE OF GUJARAT
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Appearance:
MR SI NANAVATI for Petitioner
GOVERNMENT PLEADER for Respondent No. 1
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CORAM : MR.JUSTICE B.C.PATEL and
MR.JUSTICE M.S.SHAH
Date of Order: 11/04/97
ORAL ORDER
Vapi Industries Association-applicant before us has made some grievances and therefore, we are constrained to pass this order.
GIDC under the statute is a Corporation and is duty bound to act in accordance with the provisions contained in the Act. Industrial estates are allotted to the public for the purpose of manufacturing activities and at the same time, it appears to us that it is its duty to see that the plot is also provided for hazardous waste or even for common effluent treatment plant. Our attention is drawn to the letter dated 17-2-1997 addressed by the GIDC to the President Vapi Industries Association for allotment of a plot. The procedure is indicated in clause 1 and accordingly it is stated that the offer has already been forwarded. Alongwith the offer sum of Rs.ten lacs is also forwarded to the GIDC which is accepted by the GIDC. As per clause 2 after receipt of the acceptance letter and the amount the GIDC was required to forward the allotment letter in agreement form. It is only on sending this the acceptance of offer will be considered to have been completed. Thereafter the question of execution of agreement comes in picture. The grievance made by the Association is that though they have already forwarded the letter, no steps are taken by the GIDC. Under the circumstances, we direct the GIDC to act in accordance with letter dated 17-2-1997 and complete the formality within a period of one week.
It appears that the GIDC has called upon by clause 7 to obtain necessary NOC/consent from the GPCB or CPCB as the case may be. We are told by Mr.Trovedi,learned Advocate appearing for the GPCB that under sub-rule (3) of rule 5 only authorization is required to be granted and stated that this application can be entertained only after the plot is allotted and in the prescribed form application is made for authorization. Thus, it is clear that for authorization there must be a plot or premises. Form No.2 also makes it clear. We are told at the Bar that the National Productivity Council has approved the site which is offered by the GIDC. In view of this the GIDC shall not insist at this stage for the compliance of clause 7 in view of the provisions contained in the Hazardous Waste Rules. Mr. Trivedi for GPCB stated that there is no requirement of NOC from the GPCB. In view of this GIDC shall complete the formalities within one week from to-day.
GIDC shall file affidavit indicating the compliance of this order by 25-4-1997.
Vapi Industries Association has placed before us the details about the industrial water connections as per the GIDC Register. In all 1755 industrial water connections have been given. Out of that 576 have paid the membership fees and have joined the Association; 290 units are claiming exemption in view of the GPCB Notification No. 328/2215 and 164 units have not responded at all and they have not enrolled themselves as members. There are 725 industrial water connections granted by the GIDC which are not known. Therefore, the GIDC shall give necessary information to the Association to trace out 725 units having industrial water connections.
G.P.C.B and the Association to continue to motinor. GPCB shall take samples about air emission and particularly from the site which may be indicated by the Association.
The reports of analysis and the particulars submitted by the Association be taken on record. S.O. to 25-4-1997.
Direct Service is permitted.
(B.C.Patel J.) `( M.S.Shah J. )