IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 3601 of 1997
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PATEL LALJI KARSHANBHAI
Versus
STATE OF GUJARAT
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Appearance:
MS RANI ADVANI for Petitioners
MR DH WAGHELA for Respondent No. 5
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CORAM : MR.JUSTICE B.C.PATEL and
MR.JUSTICE S.M.SONI
Date of Order: 08/07/97
ORAL ORDER
On behalf of the Gujarat Pollution Control Board,
report of the visit of the site where salt is being
stored, is placed on the record. It appears that salt is
being dumped in the open land near the railway track and
since number of years this activities are being carried
on. The names of the merchants are also disclosed in the
visit report. The rain water mixes with the salt which
is stored in the open, as a result of which the salty
water passes through various places and thus ground water
strata and the sub-soil is adversely affected.
2.We requested Mr. H.M. Mehta, learned senior
counsel and standing counsel for the Union of India to
render assistance in the matter. Mr. R. Mohan, Deputy
Salt Commissioner is also present in the court. We
request the Deputy Salt Commissioner to visit the site,
make a report and make suggestion in the subject matter.
Such report may be submitted on 21.7.1997. We direct the
local police and the revenue officers of the village
Halvad to assist Deputy Salt Commissioner and to provide
all necessary assistance as may be required by him. Mr.
Mehta, learned Assistant Government Pleader shall
communicate to the police authorities as well as the
revenue authorities in this behalf.
3.It is pointed out to us that in this matter, the
persons who are in possession of the land have filed
Civil Suits in the Court Civil Judge, Senior Division, at
Dhangadhra, and have obtained some interim orders in
Regular Civil Suit No. 18 of 96 filed by Ajaykumar &
Brothers. It is also pointed out to us that on behalf of
the defendants No.1 and 2, viz. the State of Gujarat
through Collector and Mamlatdar, Halvad, it is stated
before the lower court that till they file written
statement in the matter, they have no objection if the
interim relief as prayed for is granted. In annexure at
page 33.A, suit numbers are also given by the petitioner.
4.Under the circumstances, we issue notice to the
respondents No. 8 to 33 returnable on 21.7.1997.
5.State of Gujarat is directed to serve the process
of this notice. Registry to issue direct service to the
State of Gujarat.
( B.C. PATEL, J. )
csm./( S.M. SONI, J. )