Gujarat High Court
Sheth vs State on 6 October, 2010
Author: S.J.Mukhopadhaya
Bench: S.J. Mukhopadhaya
Gujarat High Court Case Information System
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SCA/13111/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13111 of 2010
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SHETH
METAL PVT LTD THROUGH FACTORY MANAGER - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 1 - Respondent(s)
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Appearance :
MRMPSHAH
for Petitioner(s) : 1,MS. KRUTI M SHAH for Petitioner(s) : 1,
Ms.
Krina Calla, AGP for Respondent(s) : 1,
MR SUNIL L MEHTA for
Respondent(s) : 2,
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 06/10/2010
ORAL
ORDER
(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) 1 Pursuant to the order dated 2nd July 2010 passed in Special Civil Application No.7652 of 2009, different industries situated in Sarigam Industrial Estate, District Valsad, were inspected by Sardar Vallabhbhai National Institute of Technology, Surat, [SVNIT] under the supervision of the Gujarat Pollution Control Board. On receiving adverse report from SVNIT, the unit of the petitioner has been ordered to be closed by the Gujarat Pollution Control Board.
2 Mr. Sunil L. Mehta, learned counsel appearing on behalf of the Gujarat Pollution Control Board has brought to the notice of the Court the inspection report submitted by SVNIT, Surat, in respect of M/s. Seth Metals Private Limited, Plot No.2115, GIDc, Sarigam [petitioner] wherein, after inspection, SVNIT has found certain deficiencies and made the following recommendations:
4. Observations made during the visit [i] The industry is engaged in the manufacture of SS ingots from SS scrap and ferro alloys, by charging them into induction furnace and melting the same at high temperature. The molten mass is filled into moulds by tilting the furnace. No air pollution control systems are installed for induction furnace and lot of fumes were observed from the same at the time of visit.
[ii] Also the company has not obtained NOC/CCA for the manufacture of SS ingots from S/S scrap using induction furnace.
[iii] Earlier the company had obtained CTE for the manufacture of S/S pipes and SS Bar and the company had also established annealing furnace for the same. However the company has not applied for CCA.
[iv] In NOC/CTE, 1500 liters of effluent per day has been shown, for which no ETP has been installed.
[v] Domestic effluent is treated in septic tank/soak pit system.
5. Recommendations [I] It is recommended to obtain NOC/CTE/CCA for S/S ingots from S/S scrap.
[ii] It is recommended to provide air pollution control system to the induction furnace which may include cooling bends, multi cyclone, followed by a suitable bag filter and chimney.
[iii] Noise level in the plant area may be measured as per norms and suitable steps may be taken for the control of noise pollution.
[iv] It is recommended to provide a chimney with a stack monitoring facility to annealing furnace.
[v] It is recommended to carry out stack and ambient air monitoring for SPM, RSPM, SOx and NOx as per CTE/CCA condition.
6. Certification.
[I] The industry may be issued a closure order till CCA is obtained from GPCB and recommendations as mentioned in para no.5 are complied with.
[ii] The final certification may be issued after thorough inspection of the industry.
3 The learned counsel appearing on behalf of the petitioner submits that the petitioner has rectified the mistakes which can be verified by SVNIT.
4 In the facts and circumstances, in stead of issuing notice to other respondents, we allow the petitioner to move before the SVNIT, Surat, which may re-visit and inspect the unit of the petitioner and submit report to the Gujarat Pollution Control Board. If the clearance is given by the SVNIT, the Gujarat Pollution Control Board may take step in accordance with law. However, if any further defect is pointed out, the unit of the petitioner cannot be allowed to run without taking proper correctional measures.
5 Writ petition stands disposed of with the aforesaid observation and directions. No costs.
[S.J. MUKHOPADHAYA, C.J.] [ANANT S. DAVE, J.] (swamy) Top