The Gujarat Pollution Control Board has filed a short affidavit-in-reply and the petitioner has filed Rejoinder .
The learned Counsel for the petitioner prays that an ad interim order be passed at this stage. Mr.K.S.Nanavati for the respondent Unit prays for some time.
The Unit is granted only site clearance certificate and the condition of the site clearance is that the Unit has to obtain prior consent under the Air (Prevention and control of Pollution ) Act, Water ( Prevention and Control of Pollution ) Act and Hazardous Waste Rules. It is also stated that till December 1996 the Unit is not to start manufacturing of its product viz. H-acid.
Mr.Padiwal has drawn our attention to the judgment dated 21-2-1995 of the Division Bench of this Court in Special Civil Application No. 14019 of 1994. The relevant observations read as under: The Pollution in the other industrial estates has taken place because the units have been allowed to function without their first complying with the pollution control measures. In order that this blunder of the past is not repeated, we hereby direct that no industrial unit, which has not started production as of today, shall not be allowed by the State of Gujarat or GIDC, or GPCB to function unless and until it has effectively and completely complied with the pollution control measures required to be undertaken by that Unit under any permission which may have been granted by the GPCB..."
It is also submitted that this industrial unit does not have treatment plant of its own and it is going to treat its effluent in the Atul Industries Ltd. It is further submitted that Atul Industries Limited is not meeting with the parameters and not complying with the conditions imposed by the GPCB and therefore, this Unit should not be permitted to start the manufacturing.
Since the question of manufacturing activity does not arise at this stage, no interim order is required to be passed and request for time made by the learned Counsel for the Unit is granted.
S.O. to 10-10-1996.
( R.A.Mehta J. ) ( M.S.Shah J. )