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SCA/7125/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7125 of 2010
=========================================================
ARJANBHAI
SIDIBHAI PATAT & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 3 - Respondent(s)
=========================================================
Appearance
:
MR
AJ YAGNIK for
Petitioner(s) : 1 - 2.
MR PRANAV DAVE, AGP for Respondent(s) :
1,
MR RITURAJ M MEENA for Respondent(s) : 2 - 3.
HL PATEL
ADVOCATES for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 20/07/2011
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J.MUKHOPADHAYA)
Counsel
for the petitioners submits that Mr.G.M.Sadhu, Environmental Engineer
who is In-charge of testing pollution of the area was staying in the
guest house of Ambuja Cement and, therefore, on one or other grounds,
he did not choose to conduct the test of air pollution level of the
area and waited for the rainy season to come to ensure that the
pollution level automatically comes down to the lower level.
In
the circumstances, we direct the Collector, Junagadh to find out the
place where Mr.Sadhu was staying during last one month for testing
pollution in the area in question. If he has stayed in some
Government guest house or hotel, then appropriate inquiry should be
made after going through the records of guest house and report be
submitted. If it is found that he has not stayed in any Government
guest house or hotel or any other place, then it will be presumed
that he has enjoyed the hospitality of M/s.Ambuja Cement Limited.
Let
copy of this order be handed over to the learned AGP Mr.Pranav Dave
and the learned counsel Mr.Rituraj Meena, who is appearing for the
Gujarat State Pollution Control Board, for information to the
Collector and the Principal Secretary, Gujarat State Pollution
Control Board.
Post
the matter on 2nd August 2011.
(S.J.Mukhopadhaya,
CJ.)
(J.B.Pardiwala,
J.)
/moin
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