Gujarat High Court
Lord'S vs Chairman on 10 May, 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 With SPECIAL CIVIL APPLICATION No. 3393 of 2010 With SPECIAL CIVIL APPLICATION No. 3181 of 2010 With CIVIL APPLICATION No. 2741 of 2010 In SPECIAL CIVIL APPLICATION No. 3181 of 2010 With CIVIL APPLICATION No. 3564 of 2010 In SPECIAL CIVIL APPLICATION No. 7652 of 2009 To CIVIL APPLICATION No. 3569 of 2010 In 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, MR MPSHAH 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 : 10/05/2010 ORAL ORDER
(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) This Court by order dated 13th April 2010 having noticed the Monitoring Report with regard to 39 closed industries, ordered to close 22 Industries and passed conditional order allowing 20 industries to function as per the recommendations of the the Sardar Vallabhbhai National Institute of Technology, Surat (for short SVNIT ).
A fresh report has been filed on behalf of the 1st and 2nd respondent, wherein it is stated that another 57 industries have been inspected and necessary orders may be passed with regard to such industries. Out of 22 industries which were ordered to be closed down, it is stated that now 20 industries have complied with the orders and 02 industries have been ordered to remain closed. Taking into consideration the aforesaid facts, while we allow the SVNIT to make further inspection with regard to rest of the industries in terms of the earlier orders passed by this Court and submit a report by next date, allow those 20 industries which have been allowed by Gujarat Pollution Control Board to function in terms of SVNIT report to run their units with such terms and conditions as shown therein.
Out of 57 industries, 08 industries which have been ordered to be closed, we order closure of such units immediately and rest of the industries should comply with the directions as given in the report. Let a copy of this order be handed over to learned counsel appearing on behalf of Gujarat Pollution Control Board.
Post the matter on 1st July 2010.
In the mean time, the Units / Industries which have not paid the requisite amount, must pay the same in favour of the SVNIT by 1st week of June 2010, failing which, the Court may order closure of such units.
(S. J. MUKHOPADHAYA, C.J. ) ( AKIL KURESHI, J. ) kailash