(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) After hearing the learned counsel for the parties and after going through the materials on record, we find that inspite of closure order, the petitioners were running their unit. For the above reason, an undertaking has been filed before this Court to the effect that it will henceforth comply with the norms as required for reopening the unit. It is, however, explained in the application that the hard copy of the closure order was not served upon the petitioners and the petitioners were not aware of the fact that such closure order has been passed.
In view of such fact, we permit the petitioners to start the unit on trial basis for a period of fortnight from today on condition that the reason for closure disclosed by the respondent-GPCB as reflected at Annexure-A should be removed first.
During the trial run, it is needless to mention that, the respondent-GPCB will be entitled to visit the unit and in the event it appears that there is violation of existing norms, it will be free to pass fresh order of closure notwithstanding our order of permission.
Let the matter appear on July 27, 2012. The undertaking filed by the petitioners be kept with the record.
Direct Service qua respondent-GPCB is permitted.
(Bhaskar Bhattacharya, Acting C.J.) (J.B.
Pardiwala, J.) Aakar Top