Gujarat High Court
Lord'S vs Chairman on 15 December, 2010
Bench: S.J.Mukhopadhaya, Akil Kureshi
SCA/7652/2009 2/ 2 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. GOVERNMENT PLEADER 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 : 15/12/2010 ORAL ORDER
(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) The counsel for the Pollution Control Board pointed out that monitoring of the pollution being caused by the industries in the Sarigam Industrial Area is going on at the hands of the officers of SVNIT. The final report in this regard will be submitted after verifying the full details.
2. The counsel for the petitioners, however, submitted that even after the measures being taken by the Pollution Control Board and the monitoring of SVNIT, the effluent being discharged in the sea is not entirely free from pollution and is not upto the satisfactory level, to which even the counsel for the Pollution Control Board did not seriously join issue. He, however, submitted that the vigilance is going on and the GPCB would take appropriate action against the erring industries. It appears that the complaint of the petitioner is that in some industries untreated effluent is being discharged during night time.
3. Under the circumstances, while adjourning the case for further hearing to 21st January, 2011, the GPCB is directed to take the following steps :-
(i) Continue the inspection and vigil in the area. If it is found that any industry is carrying on manufacturing activity and discharging untreated effluent even during night time, such industry shall be closed down immediately.
(ii) By the next date of hearing, the GPCB shall file a detailed report on total number of industries located in the Sarigam GIDC Industrial Estate.
The GPCB shall also state as to out of those industries, how many have been inspected. If there are any industries where no visits are taken so far, the reasons for the same shall be disclosed. If any of the industries did not deposit with the GPCB the inspection fee, the GPCB shall take immediate steps to close such industries.
(iii) The GPCB shall also continue to take samples at the discharge point, have it tested and verified whether the pollution beyond tolerable levels still continues. If it is found that the position is not improved substantially, the GPCB shall indicate the reasons why despite such vigil, the pollution is not coming down.
(iv) The Association of Industries and the GPCB shall expedite the process for setting up the common Effluent Treatment Plant and make a report of progress made in this respect also.
[S.J. MUKHOPADHAYA, CJ.] [AKIL KURESHI, J.] sundar/-