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CA/9342/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 9342 of 2008
In
MISC.
CIVIL APPLICATION No. 2012 of 2008
In
MISC.
CIVIL APPLICATION No. 3110 of 2007
In
SPECIAL
CIVIL APPLICATION No. 23158 of 2007
=========================================
CHIEF
OFFICER
Versus
BHARATBHAI
GANESHBHAI ROHIT AND OTHERS
=========================================
Appearance :
MR
YATIN SONI for the Applicant
MR PK SHUKLA for Opponent No.1
MRS
KP CALLA, ASST. GOVERNMENT PLEADER for Opponent Nos.2-4 & 7
None
for Opponent Nos.5-6
MR
SUNIL MEHTA for Opponent
No.8
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 07/08/2008
ORAL
ORDER
1. In the morning,
request was made to circulate
this matter at 02.30. Permission
was granted. Papers are before the Court.
2. Present Civil
Application is filed by the Chief Officer, Borsad Nagarpalika
requesting that necessary directions be issued to all the relevant
parties, viz. Gujarat Pollution Control Board, District Collector,
Anand, Chief Officer, Borsad Nagarpalika and Mamlatdar, Borsad so as
to see that appropriate land is earmarked for, ?SCharmkund?? in
place of land bearing survey No.302 of Borsad, which is earmarked by
the Collector for the purpose.
3. The learned
advocate for the applicant submitted that the land bearing survey
No.302 of Borsad is situated close to a water tank (Talav). The
learned advocate for the applicant further submitted that if the
?SCharmkund?? is allowed to operate at that place, it is likely to
pollute the water of the nearby pond.
4. RULE
returnable on 16.09.2008.
In the facts and
circumstances of the case, it is deemed fit and hence, the Collector,
Anand is directed to see that in coordination with the Gujarat
Pollution Control Board, Chief Officer, Borsad Nagarpalika and
Mamlatdar, Borsad, an exercise to identify and earmark a suitable
land for the purpose of ?SCharmkund?? is undertaken as
expeditiously as possible.
5. The Collector shall
apprise this Court of the progress made in the matter on the
returnable date.
A copy of this order
be made available to Mr.Sunil Mehta, learned advocate for the Gujarat
Control Board, Mr.Soni, learned advocate for the Chief Officer,
Borsad Nagarpalika and Mrs.Calla, learned Assistant Government
Pleader for its onwards communication for compliance.
(RAVI
R.TRIPATHI, J.)
*Shitole
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