Gujarat High Court
Sabero vs Gujarat on 20 April, 2011
Author: Chief Justice
Bench: S.J. Mukhopadhaya
Gujarat High Court Case Information System
Print
SCA/1297/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1297 of 2011
With
CIVIL
APPLICATION No. 1706 of 2011
In
SPECIAL CIVIL APPLICATION No. 1297 of 2011
=========================================================
SABERO
ORGANICS GUJARAT LIMITED & 1 - Petitioner(s)
Versus
GUJARAT
POLLUTION CONTROL BOARD - Respondent(s)
=========================================================
Appearance
:
MR
SI NANAVATI, SR.ADVOCATE with MS ANUJA S NANAVATI
for
Petitioners.
MR SUNIL L MEHTA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 20/04/2011
ORAL
ORDER
(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J.MUKHOPADHAYA) An interim inspection report submitted by Sardar Vallabhbhai National Institute of Technology, Surat has been filed along with a letter dated 19th April 2011 sent by the SVNIT, Surat to the Environment Engineer, Gujarat Pollution Control Board.
Learned counsel appearing on behalf of the appellant states that in the said report, certification has been given, which reads as under:
"It is recommended that the company may be allowed for a trial run of three months at 25% of the approved production capacity and during which, the company shall remain under close observation and regular monitoring and inspection shall be carried out by GPCB specifically in regards of above recommendation/compliance and effective operation of EMS. All pending recommendations are to be complied during this period of observation as per the undertaking given by the company (undertaking enclosed).
The industry may be allowed for gradual increase in the production capacity limited to 50% based on the compliance of all pending recommendations and the performance evaluation of the EMS during observation period of three months.
Final certification may be issued after thorough inspection of the EMS, review of performance evaluation and analysis of the results after three months."
In view of the report submitted by the SVNIT, the petitioner is allowed to move before the Gujarat Pollution Control Board with a request to allow them to function in terms of the recommendations of the SVNIT.
As per the recommendations of the SVNIT, the petitioner may be allowed for trial run of three months at 25% of the approved production capacity. It may gradually increase in the production capacity limited to 50% based on the compliance of all pending recommendations and the performance evaluation of the EMS during observation period of three months. But, before increasing production capacity beyond 25%, the SVNIT will make a fresh inspection and submit a report, and state whether the production capacity to be increased to 50% or not. Thereafter, the Gujarat Pollution Control Board will determine, whether in future such increase can be made upto 50%.
The writ petition and the Civil Application both stand disposed of with the aforesaid observations. No cost. Direct service permitted.
(S.J.Mukhopadhaya, CJ.) (J.B.Pardiwala, J.) /moin Top