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SCA/254/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 254 of 2009
=========================================================
GOVINDBHAI
PRAGAJIBHAI DOBARIYA, SARPANCH & 2 - Petitioner(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance
:
MR
DIPAK H SINDHI
for
Petitioner(s) : 1 - 3.
MR DIVYESH SEJPAL AGP for Respondent(s) :
1,
NOTICE SERVED BY DS for Respondent(s) : 1 - 5.
MRS KALPANA K
RAVAL for Respondent(s) : 3,
MR RD RAVAL for Respondent(s) :
5,
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI 23rd November 2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
Learned
counsel for the 5th
respondent-Association submits that all the illegal Washing Ghats
have been demolished and steps have been taken for setting up two
more Effluent Treatment Plants [ETP]. As was brought to the notice of
the Court, work on new ETP at Derdi Road near Jetpur has already
started and the respondent will start construction on other effluent
treatment plants.
From
the stand taken by the respondent, it appears that the effluent is
being discharged in the agricultural fields. Counsel for the 5th
respondent-Association submits that such effluent is discharged after
treatment, as per the agricultural norms. However, this Court wants
Experts’ opinion on the question whether
discharge of such water is polluting : (i) Agricultural crops; (ii)
Agricultural fields/soil; (iii) Underground water and/or; (iv)
adjacent rivers; if any. Learned counsel appearing on behalf of
Gujarat Pollution Control Board will give details of the Experts of
area; including Professors of Universities who can be requested to
carry out inspection and submit report before the Court on this
issue.
Let
a copy of this Order be handed over to learned counsel appearing on
behalf of Gujarat Pollution Control Board.
Post
the matter on 22nd
December 2010.
{S.J
Mukhopadhaya, CJ.}
{Akil
Kureshi, J.}
prakash*
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