Gujarat High Court
Babubhai Ramubhai Saini vs Gujarat Pollution Control Board & ... on 5 February, 2014
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya
C/WPPIL/165/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 165 of 2013
With
CIVIL APPLICATION NO. 12538 of 2013
In
WRIT PETITION (PIL) NO. 165 of 2013
With
CIVIL APPLICATION NO. 12536 of 2013
In
WRIT PETITION (PIL) NO. 165 of 2013
With
CIVIL APPLICATION NO. 12740 of 2013
In
WRIT PETITION (PIL) NO. 165 of 2013
With
SPECIAL CIVIL APPLICATION NO. 18066 of 2013
With
SPECIAL CIVIL APPLICATION NO. 18207 of 2013
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BABUBHAI RAMUBHAI SAINI....Applicant(s)
Versus
GUJARAT POLLUTION CONTROL BOARD & 10....Opponent(s)
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Appearance:
MR DHAVAL M BAROT, ADVOCATE for the Applicant(s) No. 1
MR AMAR D MITHANI, ADVOCATE for the Opponent(s) No. 8 - 9
MR ASPI M KAPADIA, ADVOCATE for the Opponent(s) No. 5
MR HARDIK H PANDIT, ADVOCATE for the Opponent(s) No. 7
MR MD RANA, ADVOCATE for the Opponent(s) No. 6
MR P B KHAMBHOLJA, ADVOCATE for the Opponent(s) No. 4
MR SS ACHARYA, ADVOCATE for the Opponent(s) No. 3
MR VAIBHAV A VYAS, ADVOCATE for the Opponent(s) No. 1
NOTICE SERVED BY DS for the Opponent(s) No. 2 , 10 - 11
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CORAM: HONOURABLE THE CHIEF JUSTICE MR.
BHASKAR BHATTACHARYA
and
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C/WPPIL/165/2013 ORDER
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 05/02/2014
COMMON ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA) Pursuant to our earlier order, the matter has appeared today. Mr Syed, the learned Assistant Solicitor General of India submits that pursuant to our earlier order, a meeting was held on 3 rd February 2014 at the Central Pollution Control Board, Delhi in the matter of Coal Gasifier and pursuant to such order, the CPCB has made it clear to the GPCB that the industries should meet the consent conditions prescribed by the State Board. With regard to installation of modified/ new gasifier having zero pollution potential, Mr Syed submits that it was agreed that unless the performance of the gasifier is tested and evaluated, their further installation in other industries shall not be permitted. A decision has been taken that only in selected industries (not exceeding five), 5 type of gasifiers with different technologies can be tried out on demonstration basis and only after getting the performance report by CPCB, further course of action would be decided.
Mr Mehta, the learned Additional Advocate General appearing on behalf of the GPCB and the State of Gujarat has submitted that the Government of Gujarat, Forests and Environment Department by GR No.ENV-10.2014-11-E has constituted a Committee consisting of 9 persons as mentioned therein to examine the proposals received or Page 2 of 4 C/WPPIL/165/2013 ORDER to be received by the GPCB indicating the terms and conditions.
Such being the position, we direct the GPCB to proceed accordingly in accordance with the resolution taken on 3rd February 2014 at the Central Pollution Control Board, Delhi and to submit a report before this Court after one month from today.
Let the matter appear on 6th March 2014.
We make it clear that during the pendency of these applications, the GPCB can inspect any of the units where consent to establish new device has already been given. Pendency of these applications will also not stand in the way of the unit which intends to install a new device for approaching the GPCB for permission to install and to have trial in the event, installation permission is granted.
The minutes of the meeting of the Central Pollution Control Board filed today by Mr Syed be kept with the record. Affidavit filed by respondent No.4 in Special Civil Application No.18207 of 2013 pursuant to our earlier order be kept with the record.
Let Special Civil Applications No.2003, 2005, 2007, 2008, 2009 and 2011 of 2014 be heard along with these applications.
(BHASKAR BHATTACHARYA, CJ.)
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C/WPPIL/165/2013 ORDER
(J.B.PARDIWALA, J.)
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