Gujarat High Court
Sabero vs Gujarat on 4 April, 2011
Author: S.J. Mukhopadhaya
Bench: S.J. Mukhopadhaya
Gujarat High Court Case Information System
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SCA/1297/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1297 of 2011
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SABERO
ORGANICS GUJARAT LIMITED & ANOTHER
Versus
GUJARAT
POLLUTION CONTROL BOARD
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Appearance :
Mr
S.I. Nanavati, Sr Advocate for the Petitioner .
Mr Sunil L Mehta
for the respondent
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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 THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) An interim inspection report, dated 31st March 2011 made by SVNIT, Surat is produced before this Court by the learned counsel appearing on behalf of Gujarat Pollution Control Board. The said Report relates to Sabero Organics Gujarat Limited, Sarigam. It appears that because of certain short-comings, SVNIT, Surat has assessed that the Company may need 15 days time to implement all pending compliance given at Sr.No.1 to 9. It is also recommended that the pending work at Sr.No.7 to 9 is more critical in nature and needs to be implemented at the earliest. Therefore, it has recommended 15 days closure of the petitioner's company to enable it to complete all pending works.
Learned counsel appearing on behalf of the petitioner would contend that almost total work has been completed and within a day or two rest of the work will be completed. He submitted that electric and water connection may be allowed to be continued so that biomass generated by the company would remain intact.
Learned counsel appearing on behalf of Gujarat Pollution Control Board submits that the Company should remain closed in view of the recommendation of SVNIT.
Having heard learned counsel for the parties, while we allow the petitioner to implement all the pending compliance, as suggested by SVNIT by 15th April 2011, allow them to move before Gujarat Pollution Control Board, which may pass interim order for supply of water and electricity, if such supply is necessary for preservation of biomass.
Post the matter on 20th April 2011. In the meantime, if SVNIT, Surat reinspects the premises of the Company on the request of the petitioner, and submits a favourable report, the Gujarat Pollution Control Board may allow the petitioner to run its unit even prior to 15 days. Direct Service is permitted.
(S.J. Mukhopadhaya, CJ.) (J.B.Pardiwala, J.) *mohd Top