Gujarat High Court
Veraval Industries Association & vs Amrishbhai Punjabhai Chopra & ... on 1 July, 2016
Author: Akil Kureshi
Bench: Akil Kureshi, J.B.Pardiwala
C/MCA/1428/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR MODIFICATION OF ORDER) NO. 1428
of 2016
In WRIT PETITION (PIL) NO. 13 of 2012
With
MISC. CIVIL APPLICATION NO. 1367 of 2016
In
WRIT PETITION (PIL) NO. 13 of 2012
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VERAVAL INDUSTRIES ASSOCIATION & 1....Applicant(s)
Versus
AMRISHBHAI PUNJABHAI CHOPRA & 10....Opponent(s)
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Appearance:
MR RITURAJ M MEENA, ADVOCATE for the Applicant(s) No. 1 - 2
MR NIRAV C SANGHAVI, ADVOCATE for the Opponent(s) No. 1
MR VAIBHAV A VYAS, ADVOCATE for the Opponent(s) No. 2 - 3
MR YASH N NANAVATY, ADVOCATE for the Opponent(s) No. 9 - 11
RULE SERVED for the Opponent(s) No. 1 - 11
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 01/07/2016
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. In these applications filed by different entities, request is common. Brief facts to be noted. Original Public Interest Litigation was filed by the respondent No.1 herein complaining about untreated effluent being emitted in coastal region of Veraval by the sea food processing industry. While disposing of Page 1 of 5 HC-NIC Page 1 of 5 Created On Wed Jul 06 01:32:11 IST 2016 C/MCA/1428/2016 ORDER the PIL by order dated 23.09.2014 we have given following directions to safeguard the interest of the residents:
"1. The Gujarat Pollution Control Board shall periodically inspect the fishing industries operating at GIDC, Veraval. Samples be drawn at the regular intervals with a view to ensure that the same are meeting with the parameters fixed by the Board, in accordance with the provisions of the Act.
2. There shall be periodical inspection of the Common Effluent Treatment Plant and the Reverse Osmosis Plant. If they are not found to be functional or upto the mark, then necessary steps be taken immediately in that regard with the Association.
3. If some of the industries like the one named in the affidavitinreply filed by the Board are not the members of the Association, even then the Board shall periodically inspect those industries with a view to ensure that they are not causing any pollution. Samples of the trade effluent be regularly drawn with a view to see that the parameters fixed are adhered to.
Mr.Vyas, the learned advocate appearing on behalf of the GPCB has drawn our attention to the fact that the RO plant is not functioning to their satisfaction. According to Mr.Vyas the samples drawn indicate presence of higher amount of suspended solid. In such circumstances, we direct the Association to take care of this problem at the earliest and rectify the deficiencies in the functioning of the RO plant. Such corrective measures be taken by the Association within a period Page 2 of 5 HC-NIC Page 2 of 5 Created On Wed Jul 06 01:32:11 IST 2016 C/MCA/1428/2016 ORDER of three weeks from today without fail. After everything is taken care of, the Association shall inform the GPCB so that the officers of the GPCB can visit and examine the RO plant. Even if thereafter the Board is not satisfied with the functioning of the RO plant, then it shall be open for them to proceed in accordance with law."
2. The Veraval Industries Association has filed Misc. Civil Application No.1428 of 2016, requesting for deleting the condition of maintaining Reverse Osmosis (RO) plant contained in the said order dated 23.09.2014. Similar prayer is made by GPCB in their application being Misc. Civil Application No.1367 of 2016. The case of these applicants is that RO plant was maintained by the industries' association for using the water treated by common effluent treatment plant, so that such water could be reused by the industry. However, on account of stringent standards set by the importing countries of EU, the use of R.O. treated water was not possible. The association therefore wishes to shut down the R.O. plant, but would continue to maintain the common effluent treatment plant in proper condition. It is in this background that the applicants have prayed for deletion of condition of maintenance of R.O. plant by Page 3 of 5 HC-NIC Page 3 of 5 Created On Wed Jul 06 01:32:11 IST 2016 C/MCA/1428/2016 ORDER the association.
3. Learned counsel Shri Singhvi for the original petitioner submitted that effluent emitted by the industry do not need the environmental standards and therefore, GPCB may be directed to keep strict vigil.
4. In view of the submissions made before us, when we found that the R.O. plant has no direct relation to effluent being emitted in the sea and the contents of the pollution and was particularly for enabling the association to reuse the water in the food proceeding industry, we see no difficulty in deleting the condition for maintenance of the RO plant as requested by the association. However, this would put greater responsibility on the association to ensure that its common treatment plant functions properly and meets with the environmental norms set by the GPCB and also an additional responsibility on the GPCB to monitor such facts. The rest of the conditions of the order dated 23.09.2014 are sufficient to take care the anxiety of the public interest litigation petitioner.
5. In the circumstances, the applications are Page 4 of 5 HC-NIC Page 4 of 5 Created On Wed Jul 06 01:32:11 IST 2016 C/MCA/1428/2016 ORDER disposed of, deleting from our order dated 23.09.2014 the requirement of maintenance of R.O. Plant by the industries association. Reference to the inspection of R.O. Plant by the GPCB consequently, would also be deleted.
6. With these directions, both Misc Civil Applications are disposed of.
(AKIL KURESHI, J.) (J.B.PARDIWALA, J.) ANKIT Page 5 of 5 HC-NIC Page 5 of 5 Created On Wed Jul 06 01:32:11 IST 2016