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Diya vs Gujarat

High Court Of Gujarat|27 June, 2012

JUDGMENT / ORDER

(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) Pursuant to our earlier order, the matter has appeared today for further orders.
Ms.Kalpana Raval, learned counsel appearing on behalf of the Gujarat Pollution Control Board ["GPCB"] submits that during the trial run, there has been no further pollution detected by her client. She, however, submits that the units of the petitioners should be kept under further observations for at least three months and they should be permitted to continue with their units on compliance of twelve conditions submitted before us today by her. Those conditions are quoted below:
[1] The petitioners will comply with the conditions mentioned in Closure Directions of GPCB.
[2] The petitioners will comply with the earlier directions/CTE/CCA issued by the GPCB.
[3] The petitioners will inform the GPCB as regards status of CTE/CCA.
[4] The petitioners will pay processing fees under Water, Hazardous and Air Act, as applicable.
[5] The petitioners will inform the GPCB the names of the Washing Ghats, CTE/CCA status of the Washing Ghats with whom the printing unit is associated for the purpose of cloth washing.
[6] The petitioners will furnish the details of waste water disposal e.g. quality, place etc. to the GPCB.
[7] The petitioners will furnish the details of hazardous waste storage, if applicable.
[8] The petitioners will furnish certificate of membership from JDPA [with code number], details of clothes, sarees to be washed including the capacity of Washing Ghats associated with printing units to the GPCB.
[9] The petitioners will enter into a contract with member Washing Ghats on duly notarized stamp paper and will furnish a copy thereof to the GPCB.
[10] The petitioners will give an undertaking duly notarized, to the GPCB, not to discharge untreated/treated trade effluent into nearby water bodies.
[11] The petitioners will allow the GPCB to take fresh samples for inspection by the GPCB and functioning of such units will be subject to analysis report of such samples.
[12] The petitioners will comply with any other condition that may be imposed by the High Court of Gujarat/Expert Committee constituted by High Court of Gujarat/GPCB.
After hearing the learned counsel for the parties, we find that the proposal given by Ms.Raval is quite reasonable. We, accordingly, permit the petitioners to continue with their units for further period of three months under the observation of the GPCB on compliance of the aforesaid conditions indicated by Ms.Raval. In case of non-compliance of any of the above conditions, the GPCB will be entitled to mention the matter for further orders.
Let this order be also communicated to the concerned electricity supplying authorities.
Direct service upon the Gujarat Pollution Control Board.
(Bhaskar Bhattacharya, Actg. C.J.) (J.B.Pardiwala, J.) /moin Top
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Title

Diya vs Gujarat

Court

High Court Of Gujarat

JudgmentDate
27 June, 2012