Gujarat High Court
Vadodara Municipal Corporation vs Federation Of Industries Gujarat ... on 15 September, 2011
Author: A.L.Dave
Bench: A.L.Dave
SCA/12774/2000 1/3 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No. 12774 of 2000
In
CIVIL APPLICATION No. 4393 of 1998
In SPECIAL CIVIL APPLICATION No. 2795 of 1997
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VADODARA MUNICIPAL CORPORATION - Petitioner(s)
Versus
FEDERATION OF INDUSTRIES GUJARAT CHAMBER OF COMMERCE & 119
- Respondent(s)
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Appearance :
MR PRANAV G DESAI for Petitioner(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 1 - 5,7 - 51,53 - 83,85 -
90,92 - 110,112 - 113,115 - 116,118 - 119.
NANAVATI ASSOCIATES for Respondent(s) : 1 - 2, 5, 7, 11,14 - 24,
27,29 - 36,38 - 42, 44, 50,52 - 63,65 - 67,69 - 72,74 - 83,86 - 90,94
- 97,100 - 103,106 - 108,112 - 113,115 - 116,118 - 119.
RULE SERVED BY DS for Respondent(s) : 3 - 4,8 - 10,12 - 13, 16, 28,
33, 37, 43,45 - 46,48 - 49, 51, 64, 66, 68, 73, 85,92 - 93,98 -
99,104 - 105,109 - 110.
MR MANISH R BHATT for Respondent(s) : 3,
NANAVATI & NANAVATI for Respondent(s) : 6,
MR TARAK DAMANI for Respondent(s) : 6,
MR AY KOGJE for Respondent(s) : 25,
MR HC PANDYA for Respondent(s) : 26,
MR MB FAROOQUI for Respondent(s) : 45, 51,
M/S TRIVEDI & GUPTA for Respondent(s) : 46,
MR BHARAT T RAO for Respondent(s) : 47,
MR KV SHELAT for Respondent(s) : 48,
DS AFF.NOT FILED (N) for Respondent(s) : 52,
- for Respondent(s) : 0.0.0, 0.0.0, 0.0.0, 0.0.0,0.0.0
- for Respondent(s) : 0.0.0
- for Respondent(s) : 0.0.0
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HONOURABLE THE ACTING CHIEF JUSTICE MR.
CORAM :
A.L.DAVE
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 15/09/2011
ORAL ORDER
(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR. A.L.DAVE) SCA/12774/2000 2/3 ORDER Heard the learned advocates for the parties.
2. It appears that pursuant to this Court's order dated 25.08.2011, there has not been any progress. Attempts are made by both the sides to throw blame on the other side for this impasse.
3. In light of the above situation, we direct that 46 polluting units, who have filed undertaking by way of affidavit, may approach the Vadodara Municipal Corporation on 30.9.2011 for the purpose of negotiations. It would be appropriate to record that 46 units have deposited 25% of the amount demanded by the Corporation and they propose to negotiate with the Corporation for reduction of the amount or instalments, which they shall do in the next meeting. They may negotiate other issues as well. If the units do not approach the Corporation on 31.9.2011, as directed by this order, and if the units are certified to be the polluting units, the Corporation shall forthwith proceed against them for closure.
4. Learned advocate Mr.Bhatt, representing respondent No.3, M/s.Baroda Dairy, states that Baroda Dairy is a nonpolluting unit. If that be so, respondent No.3 need not worry because the Corporation will not proceed against respondent No.3, till Gujarat Pollution Control Board ["GPCB" for short] certifies about the status of the Dairy.
5. Mr.Meena, learned advocate for the GPCB, states SCA/12774/2000 3/3 ORDER that the exercise of examining the units has been entrusted to DDIT, Nadiad and the industries will be required to deposit the stipulated amount, whereafter the work of inspection of the units on the question of their status on pollution will be undertaken by DDIT. Mr.Meena states that there are about 34 polluting units as of now, as reported by Vadodara Municipal Corporation. The Corporation is directed to intimate all these 34 units to deposit the required amount with GPCB within a period of one week from the date of intimation. The intimation shall be given to the units within four days from now. If these units do not deposit the amount, it would be open for the GPCB to take action against them in accordance with law.
The matter be listed on 10.10.2011.
[A.L.Dave,Actg.CJ.] [J.B.Pardiwala,J.]
-patel