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SCA/4967/2006 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4967 of 2006
=============================================
BHIMA
KESAV BAPODRA - Petitioner(s)
Versus
STATE
OF GUJARAT THR' SECRETARY & 4 - Respondent(s)
=============================================
Appearance :
MR
BHARAT T RAO for Petitioner(s) : 1,
GOVERNMENT PLEADER for
Respondent(s) : 1,
MS AMEE YAJNIK for Respondent(s) : 2,
None
for Respondent(s) : 3 - 4.
MR KS NANAVATI SR ADVOCATE FOR NANAVATI
ASSOCIATES for Respondent(s) :
5,
=============================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 12/04/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
Gujarat Pollution Control Board pursuant to the order dated 16th
December 2009 inspected the premises of 5th respondent on
6th January 2010 and noticed that pollution level was
beyond the prescribed limit. For the said reason, Pollution Control
Board ordered closure of the unit on 13th January 2010.
Subsequently, the case was taken up on 8th March 2010 when
it was adjourned on the prayer of the Counsel for the Pollution
Control Board. Thereafter, it appears that without any prior
permission of the Court, for the reasons best known to them,
Pollution Control Board revisited the premises of the 5th
respondent and submitted a report in its favour and revoked the order
of closure without permission of the Court. The Gujarat Pollution
Control Board and the 5th respondent, for the reasons
aforesaid, will file affidavit and state as to the circumstances in
which such inspection was made and correctional measures, if any,
taken by the 5th respondent in the mean time. The Court
may pass interim order on the next date.
Post
the matter on 28th April 2010.
(S.
J. MUKHOPADHAYA, C.J. )
(
AKIL KURESHI, J. )
kailash
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