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SCA/7613/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7613 of 2011
=========================================================
SATIN
COLOURS AND COATINGS - THROUGH PARTNER - U S MURTHY - Petitioner(s)
Versus
STATE
OF GUJARAT - THROUGH SECRETARY & 1 - Respondent(s)
=========================================================
Appearance
:
MR
MP SHAH for
Petitioner(s): 1,MS. KRUTI M SHAH for Petitioner(s):1,
MS KRINA
CALLA ASSTT. GOVERNMENT PLEADER for Respondent(s) : 1,
MR SUNIL L
MEHTA for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 07/07/2011
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
The
writ petition was preferred by the petitioner M/s. Satin Colours and
Coatings for direction on the respondents to give reconnection of
water and power supply to plot No.2610 situated within GIDC Estate,
Sarigam, District Valsad. According to the petitioner, it owns the
property and was running a unit over there. Now it has given it on
rent to other party.
2. The
respondent-Gujarat Pollution Control Board has stated that the
petitioner has initially given the premises on rent to one M/s. Bella
Beauty Cosmetics. The said M/s. Bella Beauty Cosmetics later on
vacated the plot. Subsequently, it has been given on lease in favour
of M/s. Bioquest International. SVNIT has allowed to give the power
supply and water supply connection to petitioner’s plot No.2610.
3. In
the present case, as the electricity company is not a party
respondent before this Court, it is not clear as to whether any
amount is due to the electricity company from the petitioner or any
earlier unit for giving fresh electrical connection to the present
plot in question. If Gujarat Pollution Control Board has allowed M/s.
Bioquest International to run a unit over there, who is not a party
before this Court, and if SVNIT, Surat has given clearance in favour
of said M/s. Bioquest International and if the said company i.e. M/s.
Bioquest International or the owner of the land i.e. petitioner-
M/s.Satin Colours and Coatings has applied for electricity supply or
water supply connection, in that case, such party may move before the
electricity supply authority or water supply authority to show the
permission granted by the Gujarat Pollution Control Board who may
certify that the clearance has been given by SVNIT, Surat. In such
case, the concerned authority may consider the question of giving
water or electricity connection.
4. The
writ petition stands disposed of with the aforesaid observations.
(S.J.
MUKHOPADHAYA, CJ.)
(J.B.
PARDIWALA, J.)
zgs/-
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