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SCR.A/1122/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1122 of 2008
==========================================
SANJAY
DALMIA DIRECTOR, GHCL LIMITED & 11 – Applicant(s)
Versus
STATE
OF GUJARAT & 1 – Respondent(s)
=========================================
Appearance :
MR
RAKESH GUPTA with MR KUNAL NAIK for M/S TRIVEDI & GUPTA
for Applicants.
MR KP RAVAL, ADDL. PUBLIC PROSECUTOR
for Respondent(s) : 1,
None for Respondent(s) :
2,
==========================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 18/06/2008
ORAL
COMMON ORDER
Heard
Mr.Rakesh Gupta, learned advocate with Mr.Kunal Naik, learned
advocate for M/s Trivedi & Gupta Advocates, learned advocates
for the petitioners.
Attention
of the Court is drawn to the allegations made in the complaint to
point out that the main allegation is that the petitioners have
committed breach of the the provisions of the notification dated
14th September, 2006 issued by the Ministry of
Environment & Forests. Referring to the notification dated 14th
September, 2006, it is pointed out that the same applies only to new
projects or activities or on the expansion of modernization of
existing projects or activities based on their potential
environmental impacts. It is submitted that insofar as the Company
in question is concerned, the same has not undertaken any new
project or activities or expansion or modernization. It is
submitted that, in the circumstances, provisions of notification
dated 14th September, 2006 would not be applicable.
However, to be on the safer side, the Company has made application
under the said notification dated 14th September, 2006,
and the same is pending clearance before the concerned authority.
Considering
the submissions advanced by the learned advocate for the
petitioners, issue notice returnable on 8th
July, 2008. By way of ad-interim relief, further proceedings
pursuant to Criminal Case No.1242 of 2007 pending before the learned
Judicial Magistrate First Class, Veraval, are hereby stayed.
Mr.K.P.Raval,
learned Additional Public Prosecutor waives service of notice on
behalf of the respondent No.1 ? State of Gujarat.
Direct
service is permitted qua respondent No.2.
[HARSHA
DEVANI, J.]
parmar*
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