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CA/9059/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 9059 of 2011
In
SPECIAL
CIVIL APPLICATION No. 7871 of 2011
=========================================
BHATIA
INTERNATIONAL LTD - Petitioner(s)
Versus
GUJARAT
POLLUTION CONTROL BOARD THROUGH CHAIRMAN/SECRETARY & 2 -
Respondent(s)
=========================================
Appearance :
Mr.
Mihir Thakore, Senior Advocate, with Ms. Shivya Desai for M/s. R.J.
Rawal Associates for the petitioner
MS
DHARMISHTA RAVAL for Respondent No.1
Ms. Krina Calla, AGP for
Respondent NO.2
=========================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE ANANT S DAVE
Date
: 30/08/2011
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
This
application is filed by the original petitioner, Bhatia International
Limited, to extend the time limit to remove/lift the coal from its
JIAV Coal Storage Facility/site upto 31st October 2011 on
the same terms and conditions imposed by order dated 14th
July 2011 passed in Special Civil Application No.7871 of 2011.
There
being some typographical error with regard to plot numbers, a draft
amendment petition has been filed which we have heard and allowed.
The
writ petition aforesaid along with another writ petition preferred by
the very petitioner in Special Civil Application No.7869 of 2011
were taken up on 14th July 2011 and an interim order was
passed on 14th July 2011. By the said order, the
petitioner was allowed to remove the entire stock of coal by 31st
August 2011.
Learned
counsel for the petitioner would contend that the quantum of coal
being huge, it will take some more time to remove the coal from the
place in question, which was earlier sealed by the Gujarat Pollution
Control Board and, therefore, the prayers have been made to extend
time upto 31st October 2011.
Learned
counsel appearing on behalf of the Gujarat Pollution Control Board
accepts that part of coal has already been removed and there was no
complaint against the petitioner.
In
view of the stand taken by the parties, we allow the petitioner to
remove the rest of coal from the site in question and, thereby,
extend the period upto 30th September 2011. The order
dated 14th July 2011 stands modified to the extent
above. This application is disposed of accordingly.
[S.J.
MUKHOPADHAYA, C.J.]
[ANANT
S. DAVE, J.]
[SWAMY]
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