IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7341 of 2011 For Approval and Signature:
HONOURABLE MR.JUSTICE A.L.DAVE HONOURABLE MR.JUSTICE J.B.PARDIWALA ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the judgment ?
4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ?
5 Whether it is to be circulated to the civil judge ?
========================================================= GAYATRI STONE SUPPLY CO - THROUGH POWER OF ATTORNEY -
Petitioner(s) Versus REGIONAL OFFICER & 1 - Respondent(s) ========================================================= Appearance :
MR ADIL R MIRZA for Petitioner(s) : 1, NOTICE SERVED for Respondent(s) : 1 - 2.
MR SUNIL L MEHTA for Respondent(s) : 1 - 2.
========================================================= CORAM : HONOURABLE MR.JUSTICE A.L.DAVE and HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 27/07/2012 CAV JUDGMENT (Per : HONOURABLE MR.JUSTICE J.B.PARDIWALA)
1. By way of this petition under Article 226 of the Constitution of India, the petitioner a partnership firm engaged in the business of mining of stones from the quarry situated in Bagwada, District Valsad has prayed for a writ on the respondent to quash and set aside the order passed by the Appellate Authority Forest and Environment Department, Gandhinagar dated 11.04.2011 in Appeal No. A2 of 2010 and has further prayed to quash and set aside the order dated 25.11.2011 passed by the respondent authority rejecting the application for consent preferred by the petitioner herein.
2. The matter was heard at length and was reserved for judgement and order. Before judgement could be pronounced, learned advocate Mr. Adil Mirza appearing for the petitioner mentioned the matter stating that the Court may not decide the matter on merits as the Gujarat Pollution Control Board has accorded the provisional consent under Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 and under section 21 of the Air ( Prevention and Control of Pollution) Act, 1981 to operate the quarry unit vide consent order dated 14.06.2012. The provisional consent order dated 14.06.2012 bearing consent No. A2 47526 was placed before us for our perusal by Mr. Mirza, learned advocate appearing for the petitioner.
3. We have taken note of the consent order granted in favour of the petitioner and the order be placed and kept on record of this petition.
4. In view of this development, it is not necessary now to adjudicate this petition and decide the same on merit. Mr. Mirza, learned advocate appearing for the petitioner has also made the same request which we grant in the facts and circumstances of the case. In the aforesaid view of matter, this petition is permitted to be withdrawn as not pressed.
(A.L.DAVE, J.) (J.B.PARDIWALA, J.) *fskazi