When after hearing Mr. Thakkar and considering the orders dated 14.2.2007 and 17.4.2008 the Court observed that since Exh.5 application is rejected by order dated 14.2.2007 and thereafter, by order dated 17.4.2008 the lower appellate Court has also confirmed the said earlier order dated 14.2.2007 and dismissed the appeal, the petition does not deserve to be entertained at this stage. Mr. Thakkar restricted his submissions and contended that some directions for expediting the suit may be made for the reason that the factory is already constructed and it has started its operation and as apprehended, it is causing pollution. Mr. Thakkar submitted that he also seeks to implead the GPCB as party to the proceedings in the suit so that request for inspection report by GPCB can be made and on the basis of such report, the learned Court may be able to take appropriate decision or pass appropriate orders.
In view of the fact that there are concurrent orders passed by the learned trial Court and learned lower appellate Court, this Court is not inclined to entertain the present petition under Article 227 of the Constitution of India when there is no manifest or apparent error of jurisdiction or law committed by the learned Courts below and also in view of the fact that the learned Courts below have taken into account the relevant facts and recorded reasons for not granting interim relief as prayed for.
Hence, the present petition is not entertained at this stage. However, it would be open for the petitioner to make appropriate application before the learned trial Court to implead the GPCB as party to the proceedings and to place appropriate facts on record in support of the prayer for appropriate orders and/or for direction to appropriate authority to inspect the premises and operation of factory and submit report to the learned Court. It would also be open for the petitioner to make request, considering the roster of the learned Court, to expedite the suit proceedings.
With the aforesaid observations and direction, present petition is disposed of. No order as to costs.
[K.M.Thaker, J.] kdc Top