Gujarat High Court High Court

Bhatia vs Gujarat on 30 August, 2011

Gujarat High Court
Bhatia vs Gujarat on 30 August, 2011
Author: Mr.S.J.Mukhopadhaya, Mr.Justice J.B.Pardiwala,
  
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CA/9059/2011	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

CIVIL
APPLICATION - FOR ORDERS No. 9059 of 2011
 

In


 

SPECIAL
CIVIL APPLICATION No. 7871 of 2011
 

=========================================
 

BHATIA
INTERNATIONAL LTD - Petitioner(s)
 

Versus
 

GUJARAT
POLLUTION CONTROL BOARD THROUGH CHAIRMAN/SECRETARY & 2 -
Respondent(s)
 

=========================================
 
Appearance :
 

Mr.
Mihir Thakore, Senior Advocate, with Ms. Shivya Desai for M/s. R.J.
Rawal Associates for the petitioner 
MS
DHARMISHTA RAVAL for Respondent No.1 
Ms. Krina Calla, AGP for
Respondent NO.2 
=========================================
 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
		
	
	 
		 
			 

 

			
		
		 
			 

and
		
	
	 
		 
			 

 

			
		
		 
			 

HONOURABLE
			MR.JUSTICE ANANT S DAVE
		
	

 

 
 


 

Date
: 30/08/2011 

 

ORAL
ORDER

(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)

This
application is filed by the original petitioner, Bhatia International
Limited, to extend the time limit to remove/lift the coal from its
JIAV Coal Storage Facility/site upto 31st October 2011 on
the same terms and conditions imposed by order dated 14th
July 2011 passed in Special Civil Application No.7871 of 2011.

There
being some typographical error with regard to plot numbers, a draft
amendment petition has been filed which we have heard and allowed.

The
writ petition aforesaid along with another writ petition preferred by
the very petitioner in Special Civil Application No.7869 of 2011
were taken up on 14th July 2011 and an interim order was
passed on 14th July 2011. By the said order, the
petitioner was allowed to remove the entire stock of coal by 31st
August 2011.

Learned
counsel for the petitioner would contend that the quantum of coal
being huge, it will take some more time to remove the coal from the
place in question, which was earlier sealed by the Gujarat Pollution
Control Board and, therefore, the prayers have been made to extend
time upto 31st October 2011.

Learned
counsel appearing on behalf of the Gujarat Pollution Control Board
accepts that part of coal has already been removed and there was no
complaint against the petitioner.

In
view of the stand taken by the parties, we allow the petitioner to
remove the rest of coal from the site in question and, thereby,
extend the period upto 30th September 2011. The order
dated 14th July 2011 stands modified to the extent
above. This application is disposed of accordingly.

[S.J.

MUKHOPADHAYA, C.J.]

[ANANT
S. DAVE, J.]

[SWAMY]

   

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