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M/S vs State

High Court Of Gujarat|29 October, 2010


(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) The matter relates to pollution being caused by industries situated in Sarigam Industrial Estate, Valsad. Pursuant to order passed by this Court in SCA No. 7652 of 2009, Sardar Vallabhbhai National Institute of Technology, Surat ( SVNIT for short), visited a number of industrial units and submitted its report. Having found that a number of units are causing pollution, on its recommendation, while some of the units have been closed, one or other units have been allowed to run upto 50% production capacity, and one or other units have been allowed trial run for few months. Such order was passed subject to subsequent inspection which could be made on rectification of the deficiencies, which caused pollution.
With regard to the present case, Messrs Mehta Petro Refineries Limited, after inspection earlier, was ordered to be closed, against which writ petition has been preferred. Today it is informed that in the meanwhile, SVNIT has revisited the unit and allowed trial run for six months. A copy of the recommendation and report/certification has been produced by the learned counsel for Gujarat Pollution Control Board.
So far as other petitioner Messrs Just Chemicals is concerned, it was also closed by the order of the Pollution Control Board. It was informed that subsequently, SVNIT has inspected the premises and allowed trial run for six months after order of revocation from Pollution Control Board.
In view of such recommendation made by SVNIT, we allow both the petitioners Messrs Mehta Petro Refineries Limited and Just Chemical Industries to approach the Pollution Control Board. The Pollution Control Board, after going through the report of SVNIT, will pass appropriate order. If so required, the earlier order of closure may be revoked to ensure trial run by the parties for six months. Both SCA Nos. 13825/10 and 14192/10 stand disposed of.
So far as other closed industries Messrs Sabero Organics Gujarat Limited, Messrs Alchemi Industries Limited and Messrs Polysol Industries are concerned, they are given liberty to approach Pollution Control Board, if report has been submitted by SVNIT. In that case, the Pollution Control Board, after taking into consideration the report submitted by SVNIT, will pass appropriate order.
With regard to the rest of the industries, if report has been submitted by SVNIT, Gujarat Pollution Control Board will pass order after taking into consideration the recommendation of the SVNIT.
Post SCA No. 7652 of 2009 on 15.12.2010.
Mukhopadhaya, C.J.) (Akil Kureshi, J.) */Mohandas Top
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M/S vs State


High Court Of Gujarat

29 October, 2010