Gujarat High Court
J vs State on 4 April, 2011
Author: S.J. Mukhopadhaya
Bench: S.J. Mukhopadhaya
Gujarat High Court Case Information System
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SCA/4273/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4273 of 2011
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J
B CHEM INDUSTRIES
Versus
STATE
OF GUJARAT & ANOTHER
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Appearance :
Ms
Kruti M Shah for the Petitioner
Ms Manisha Shah, Asst Government
Pleader for Respondent No.1
None for Respondent(s) :
2,
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 04/04/2011
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE J.B.PARDIWALA)
1. When the matter was taken up, learned counsel for the petitioner submitted that the officers of Sardar Vallabhbhai Patel National Institute of Technology, Surat (SVNIT) visited the petitioner's unit and recommended for closure of the petitioner's unit. Pursuant to the said recommendations, the unit was closed. Learned counsel appearing for Gujarat Pollution Control Board has placed on record inspection report which includes report of the petitioner-company too. In the said report closure has been recommended for a period of 15 days, as some of the recommendations are yet to be complied with. Learned counsel for the petitioner submits that all necessary steps have been taken to rectify the defects and as on today, all recommendations stand fully complied.
2. In this view of the matter and in light of the statement made by the learned counsel for the petitioner, SVNIT may once again inspect the unit of the petitioner and shall carry out the necessary inspection. If the inspection carried out by SVNIT is satisfactory and SVNIT is of the view that all the necessary steps have been taken to comply with recommendations made by SVNIT, in that case, SVNIT may recommend the case to the Gujarat Pollution Control Board and may permit the petitioner-company to run.
3. In the facts and circumstances, we remit the matter to the Gujarat Pollution Control Board and direct them to pass appropriate order taking into consideration the report which may be submitted by SVNIT after inspecting the petitioner's unit. Writ petition stands disposed of. Direct Service is permitted.
(S.J. Mukhopadhaya, CJ.) (J.B.Pardiwala, J.) *mohd Top