Gujarat High Court
Babubhai Ramubhai Saini vs Gujarat Pollution Control Board & Ors on 20 December, 2013
Author: Bhaskar Bhattacharya
Bench: Chief Justice, J.B.Pardiwala
C/WPPIL/165/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 165 of 2013
With
CIVIL APPLICATION NO. 12536 of 2013
In
WRIT PETITION (PIL) NO. 165 of 2013
With
CIVIL APPLICATION NO. 12538 of 2013
In
WRIT PETITION (PIL) NO. 165 of 2013
With
CIVIL APPLICATION NO. 12740 of 2013
In
WRIT PETITION (PIL) NO. 165 of 2013
With
SPECIAL CIVIL APPLICATION NO. 18066 of 2013
With
SPECIAL CIVIL APPLICATION NO. 18207 of 2013
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BABUBHAI RAMUBHAI SAINI
Versus
GUJARAT POLLUTION CONTROL BOARD & ORS.
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Appearance:
MR DHAVAL M BAROT, ADVOCATE for the Applicant(s) No. 1
MR AMAR D MITHANI, ADVOCATE for the Opponent(s) No. 8 - 9
MR ASPI M KAPADIA, ADVOCATE for the Opponent(s) No. 5
MR HARDIK H PANDIT, ADVOCATE for the Opponent(s) No. 7
MR MD RANA, ADVOCATE for the Opponent(s) No. 6
MR P B KHAMBHOLJA, ADVOCATE for the Opponent(s) No. 4
MR SS ACHARYA, ADVOCATE for the Opponent(s) No. 3
MR VAIBHAV A VYAS, ADVOCATE for the Opponent(s) No. 1
NOTICE SERVED BY DS for the Opponent(s) No. 2
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CORAM: HONOURABLE THE CHIEF JUSTICE
MR. BHASKAR BHATTACHARYA
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 20/12/2013
COMMON ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE Page 1 of 3 C/WPPIL/165/2013 ORDER MR. BHASKAR BHATTACHARYA) Pursuant to our earlier directions, the Central Pollution Control Board [CPCB] has appeared and has affirmed today an affidavit by answering our query as indicated in our order dated 16 th December 2013.
It appears from the said affidavit that no new policy decision has been adopted by CPCB under section 18(1) of the Air [Prevention and Control of Pollution] Act 1981 or under the Water [Prevention and Control of Pollution] Act 1974.
Mr. Tushar Mehta, the learned senior counsel appearing on behalf of the Gujarat Pollution Control Board [GPCB] submits that his client will consult all the manufacturers of instruments who claim that even from coal, fuel can be generated where there can be zero percentage pollution discharge for the purpose of considering, first, whether theoretically such demand is feasible, and if it appears that theoretically such demand is feasible, then, secondly, whether zero percentage pollution can be achieved with the alleged invented instruments. For the above purpose Mr. Mehta submits that the matter may appear on 1st Thursday after reopening when his client will produce a detailed report given by their experts. In the report, the GPCB will disclose whether they have formulated any coal handling policy and if so, the details thereof. Page 2 of 3
C/WPPIL/165/2013 ORDER Let the matter appear on 9th January 2014.
The interim relief granted earlier is ordered to continue till then. As regards Special Civil Application No. 18207 of 2013 is concerned, since Mr. Kapadia has instruction to appear on behalf of the respondent No.4, a copy of the petition may be served upon Mr. Kapadia and on the next date, he will disclose whether it will be possible for his client to supply gas to the writ-petitioner.
Registry is directed to tag and list these matters together on 9th January 2014.
(BHASKAR BHATTACHARYA, CJ.) (J.B.PARDIWALA, J.) mathew Page 3 of 3