Gujarat High Court
Indian Auto Lpg Coalition (Iac) vs Dhangadhra Prakruti Mandal & ... on 8 January, 2016
Bench: Jayant Patel, J.B.Pardiwala
C/MCA/417/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR REVIEW) NO. 417 of 2014
In WRIT PETITION (PIL) NO. 47 of 2011
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INDIAN AUTO LPG COALITION (IAC)....Applicant(s)
Versus
DHANGADHRA PRAKRUTI MANDAL & 11....Opponent(s)
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Appearance:
MR MAYUR RAJGURU, ADVOCATE for the Applicant(s) No. 1
MR DM DEVNANI, AGP for the Opponent(s) No. 3 - 4
M/S TRIVEDI & GUPTA, ADVOCATE for the Opponent(s) No. 6 , 9
NOTICE NOT RECD BACK for the Opponent(s) No. 10
NOTICE SERVED for the Opponent(s) No. 1 , 3 - 4 , 6 - 8
NOTICE UNSERVED for the Opponent(s) No. 9 , 11 - 12
MR AMIT M PANCHAL, ADVOCATE for the Opponent(s) No. 1
MR ASPI M KAPADIA, ADVOCATE for the Opponent(s) No. 8 , 10
MR BIREN A VAISHNAV, ADVOCATE for the Opponent(s) No. 5
MR DEVANG VYAS, ADVOCATE for the Opponent(s) No. 2
MR NEERAJ SONI, ADVOCATE for the Opponent(s) No. 11
MR. PARTH H BHATT, ADVOCATE for the Opponent(s) No. 2
MS ANUJA S NANAVATI, ADVOCATE for the Opponent(s) No. 7
MS MINOO A SHAH, ADVOCATE for the Opponent(s) No. 12
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE MR.
JAYANT PATEL
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 08/01/2016
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JAYANT PATEL) Page 1 of 4 HC-NIC Page 1 of 4 Created On Sun Feb 07 02:24:39 IST 2016 C/MCA/417/2014 ORDER
1. This Court, on 30.10.2015, had passed the following order:-
The report has been submitted by Gujarat Pollution Control Board. However, the number of vehicles inspected of the respective category is not the same. In order to have better idea and to get concrete view, it is directed that further survey shall be carried out with the help of the RTO authority and the police so that the highest number of vehicles examined in each of the respective category remains common and constant.
Let the exercise be undertaken and further report be submitted. In the fresh report, the details already incorporated in the present report shall also be included and a composite report shall be submitted.
S.O to 22nd January, 2016.
2. When we considered the matter today, it appears that meeting for the first time was convened on 9.12.2015 and it has been contended by Mr.Vaishnav, learned Counsel for the Pollution Control Board that on account of the election of local authorities, officers of the Board were busy and, therefore, meeting could not be convened.
3. We do not appreciate the aspect of no action for a period of about two months. It is true that the matter was to come up on 22.1.2016, but on account of the other matter being WP(PIL) No.255 Page 2 of 4 HC-NIC Page 2 of 4 Created On Sun Feb 07 02:24:39 IST 2016 C/MCA/417/2014 ORDER of 2015, the date was preponed.
4. We find that there is no satisfactory progress of the direction issued by this Court on 30.10.2015 by the Board as well as by the Transportation Department and the Home Department of the State Government in working out the mechanism for inspection of the vehicles and the level of pollution as directed earlier.
5. Hence, we direct that the following officers shall be joined as party-opponents in the present application:-
(a) Secretary, Ministry of Environment and Forest;
(b) Chairman of the Gujarat Pollution Control Board;
(c) Secretary, Transportation Department of the State Government; and
(d) Secretary, Home Department of the State Government.
6. Notice shall be issued to all the above referred Page 3 of 4 HC-NIC Page 3 of 4 Created On Sun Feb 07 02:24:39 IST 2016 C/MCA/417/2014 ORDER newly added party opponents. All the officers, who are impleaded as party opponents, shall ensure that the order dated 30.10.2015 passed by this Court read with the earlier order in the present proceedings for inspection of the vehicles and for examination of the level of pollution is complied with on or before 3.2.2016 and the report is submitted to this Court on 4.2.2016.
7. Let the matter be listed on 5.2.2016. The learned AGP as well as Mr.Vaishnav shall communicate the order to the concerned officers of the State Government and of the Gujarat Pollution Control Board.
(JAYANT PATEL, ACJ.) (J.B.PARDIWALA, J.) vinod Page 4 of 4 HC-NIC Page 4 of 4 Created On Sun Feb 07 02:24:39 IST 2016