IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 807 of 2012 With SPECIAL CIVIL APPLICATION NO. 14701 of 2011 With SPECIAL CIVIL APPLICATION NO. 18045 of 2011 With SPECIAL CIVIL APPLICATION NO. 17 of 2012 With SPECIAL CIVIL APPLICATION NO. 18 of 2012 With SPECIAL CIVIL APPLICATION NO. 1008 of 2012 With SPECIAL CIVIL APPLICATION NO. 1009 of 2012 With SPECIAL CIVIL APPLICATION NO. 1014 of 2012 With SPECIAL CIVIL APPLICATION NO. 1018 of 2012 With SPECIAL CIVIL APPLICATION NO. 1066 of 2012 With SPECIAL CIVIL APPLICATION NO. 1067 of 2012 With SPECIAL CIVIL APPLICATION NO. 1068 of 2012 With SPECIAL CIVIL APPLICATION NO. 1069 of 2012 With SPECIAL CIVIL APPLICATION NO. 1441 of 2012 With SPECIAL CIVIL APPLICATION NO. 1442 of 2012 With SPECIAL CIVIL APPLICATION NO. 1443 of 2012 With SPECIAL CIVIL APPLICATION NO. 1444 of 2012 With SPECIAL CIVIL APPLICATION NO. 1445 of 2012 With SPECIAL CIVIL APPLICATION NO. 1869 of 2012 With SPECIAL CIVIL APPLICATION NO. 1870 of 2012 With 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RADHESHYAM TEXTILE PRINTERY & 1....Petitioner(s) Versus GUJARAT POLLUTION CONTROL BOARD & 6....Respondent(s) ================================================================ Appearance:
MR RD RAVAL, ADVOCATE for the Petitioner(s) No. 1-2 MRS KALPANA K RAVAL, ADVOCATE for the Respondent(s) No. 1 MR BIREN A VAISHNAV, ADVOCATE for the Respondent(s) No. 1 MRS KRINA CALLA, AGP for the RESPONDENT(s) No. 2 ================================================================ CORAM:
HONOURABLE THE CHIEF JUSTICE MR.BHASKAR BHATTACHARYA and HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 18/09/2012 ORAL ORDER (PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) As common questions of fact are involved in this batch of petitions, they are taken-up for hearing together and are being disposed of by this common order.
These writ-petitions are at the instance of industrial units situated at different villages of Taluka Jetpur, District Rajkot, engaged in the activities of dyeing, printing and washing sarees and clothes.
By our orders earlier passed from time to time, the writ-petitioners have been permitted to operate their individual units on trial run basis. All these writ-petitions are once again notified for extension of the order of trial run.
As a matter of fact, these writ-petitions are directly connected with and are an offshoot of the main petition being Special Civil Application No.254 of 2009 filed in the nature of a Public Interest Litigation.
By our order dated 12th September 2012 passed in the main petition being Special Civil Application No.254 of 2009, we have said that, monitoring for some more time at our end is still necessary to protect the ecologically-fragile Jetpur Taluka . We have decided to monitor the further progress for a further period of six months. We have also issued certain directions in our order dated 12th September 2012 and one such direction issued is that, in all the pending writ-petitions of individual units, wherein we have ordered trial run, we have directed the GPCB to permit such individual units to give three months' trial run from the date of the order.
We have also clarified that during the interregnum period of three months, the GPCB shall continue to inspect the respective unit periodically, preferably every fifteen days, and if it is found by the GPCB at any point of time that a particular unit is creating pollution or is not complying with the directions issued by this Court or the GPCB, it shall be open for the GPCB to immediately pass an order of closure as recommended by the Experts Committee. We have also directed that on expiry of period of three months' trial run, the respective unit shall directly apply with the GPCB for further extension of three months' trial run, and on such application being made, the GPCB shall decide the same and pass necessary orders in accordance with law.
We propose to dispose of this batch of petitions which have been notified today, in terms of Direction No.1 contained at page-32 issued in our order dated 12th September 2012.
Thus, all the units who have preferred their individual petitions and which have been notified today are disposed of in terms of Direction No.1 contained at page-32 of our order.
To clarify, the units who have been permitted to carry on with the trial run, shall continue with the trial run for a period of three months, and on expiry of period of three months, the respective units shall apply directly to the GPCB for further extension of trial run for a period of three months, and on such application being made by the individual units, the GPCB shall decide the same and pass necessary orders in accordance with law.
We may further clarify that the petitions wherein no orders have been passed, shall be treated as representations or applications to the GPCB for trial run and the GPCB shall pass necessary orders of trial run in accordance with law. The GPCB is directed to consider all such applications and pass necessary orders within a period of ten days from today.
With the above observations and directions, all the petitions stand disposed of accordingly.
It shall be open for the petitioners to produce a copy of this order before the Mamlatdar concerned as well as the Gujarat Electricity Board, and the Mamlatdar concerned and the GEB shall act accordingly as per the observations and directions made by this Court in our order.
Direct service to the Gujarat Pollution Control Board.
In view of our order passed in the main matter, the connected Civil Applications are rendered infructuous and are accordingly disposed of.
(BHASKAR BHATTACHARYA, CJ.) (J.B.PARDIWALA, J.) Page 11 of 12