: (Per H.L. Gokhale, J.) Heard Shri Nanavati, learned advocate for the applicant, Shri M.R. Raval, learned AGP for respondent no.2 and Shri Christie, learned advocate for respondent no.3. Other respondents were served.
2.This Application seeks review of the judgment in Special Civil Application No.770 of 1995 decided on 5th August 1995. The prayer there is in the nature of declaration that the applicant may not be required to contribute 1 per cent amount as directed in the judgment.
3.During the course of that matter, notice dated 2.5.1995 came to be issued to the applicant by the Ahmedabad Electricity Company as to why their power supply should not be disconnected in pursuance of Government notice dated 10th March 1995 issued under sec.5 of the Environment Protection Act. The applicant filed writ petition being Special Civil Application No.3651 of 1995 challenging the same. A statement was made on 5.5.1995 that the petitioner unit was not going to be affected by that notice and subsequently in view of the report of the Committee which visited the petitioner's premises and found nothing objectionable, the petition was withdrawn on 21st June 1995.
4.The applicant unit is an engineering unit set up way back in the year 1981 and until April 1995 it did not have any effluent as such. The applicant has however, set up a powder coating plant, which subsequently had become operational in September/ October 1995. For that the applicant has applied for consent to the respondents and the same is pending determination.
5.In view of the said facts and material on record it cannot be said that as on date of the judgment given in Special Civil Application No.770 of 1995, the applicant was in any way polluting. Hence they are entitled to the declaration that they have sought for. The application is, therefore, allowed and the applicant will not be required to contribute 1 per cent amount under the notice issued by the respondents.
( H.L. Gokhale, J. ) 19th Dec. 1996( M.S. Shah, J. ) karim*