Lord'S vs Chairman on 27 September, 2010

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Gujarat High Court

Lord'S vs Chairman on 27 September, 2010

Author: Chief Justice

Bench: S.J.Mukhopadhaya, Akil Kureshi

  
	 
	 
	 
	 
	 
	 
	 
	 
	 
	

 
 


	 

SCA/7652/2009	 4/ 4	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

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 SUNIL L
MEHTA for Respondent(s) : 1 - 2. 
M/S TRIVEDI & GUPTA for
Respondent(s) : 3 - 4. 
MS KRINA CALLA for Respondent(s) :
5, 
MRMPSHAH for Respondent(s) : 6 - 7. 
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
: 27/09/2010 

 

ORAL
ORDER

(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) Reports have been filed by the Gujarat State Pollution Control Board along with the affidavit in reply. Summary of the affidavit has been shown as follows:

Phase 1 The SVNIT has visited 39 units whose trial run of 3/6 months are completed as per the earlier recommendation of Closure for 2 units At 50% Production 3 units Partial Closure 3 units Extension for 3/6 units 31 units = 39 units Phase 2 The SVNIT has visited 26 units whose trial run of 3/6 months are completed as per the earlier recommendation of At 50% production 1 unit Partial Closure 2 units Extension for 3/6 months 23 units = 26 units Phase 3 The SVNIT has visited 10 units who were under closure as per order dated 02/07/2010 Closure for 3 units Extension for 3/6 months 7 units = 10 units Phase 4 The SVNIT has visited new 30 units Closure for 5 units Self Closure 2 units Extension for 3//6 months 23 units = 30 units Not paid requisite fees : 43 units Board has issued closure order to 43 units 15 Industries have deposited the fees after the due date SVNIT has visited 105 units and passed order for closure, partial closure, self closure or extension of trial run for a period 3 to 6 months as under:

Sr.No. Particulars Closure 50% production Partial Closure Self Closure Extension for 3/6 months Total

1.

Phase 1 2 3 3

31 39

2. Phase 2

1 2

23 26

3. Phase 3 (Closure) 3

07 10

4. Phase 4 (New visited) 5

2 23 30

Total 10 4 5 2 84 105 Learned counsel appearing for Sabero Organics Gujarat Ltd. submits that the period of trial run for 50% production allowed is going to be over on 1st October 2010 and the unit may be allowed to continue with such trial run till further inspection by SVNIT with 100% production. In this regard, instead of passing any specific order, we allow the unit Sabero Organics Gujarat Ltd. to approach the Gujarat Pollution Control Board who in its turn will take up the matter with SVNIT, which after necessary inspections will pass appropriate order with regard to the said unit.

So far as the industries which have deposited the fees after the due date, if the amount has already been deposited by such unit, the Gujarat Pollution Control Board will request SVNIT to inspect such units who have already deposited the amount and submit report with the Gujarat Pollution Control Board. Thereafter, Gujarat Pollution Control Board may act in terms of the suggestions made by SVNIT.

In the meantime, the units which have not deposited the requisite fees may remain closed till they deposit the requisite amount. Once they deposit the amount, the similar procedure of inspection be followed.

Gujarat Pollution Control Board will make a progress report to this Court by the next date and it will specifically state whether any untreated effluent is discharged in the sea. It will also be desirable if sample is taken from the discharge point by the expert of SVNIT and then submit a report before this Court.

Copy of this order be made available to the counsel of the Gujarat Pollution Control Board.

Post the matter on 27th October 2010 at 2.30 p.m. (S.J.Mukhopadhaya, C.J.) (Akil Kureshi, J.) (vjn)

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