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SCA/254/2009 3/ 3 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.
GOVERNMENT PLEADER 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,
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 03/05/2011
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
The
3rd respondent has filed action taken report and also
enclosed a copy of the approximate expenditure that may be incurred
by the Committee as ordered to be constituted by this Court to
inspect and submit a report on soil erosion and the extent of
pollution of surface water, ground water sources, irrigatible land
because of the activities carried out by Jetpur Dyeing and Printing
Association members and others in and around Jetpur, District Rajkot.
The details of expenditure as shown are as follows :-
Sr.
No.
Description
No.
of days
Rate
per day
Total
Amount
(Rs.)
1
04
Nos. of Committee Members Honorarium per day per Member during
field visit
20
Rs.2000/-
1,60,000/-
2
01
No. Field Assistant for sampling work in field
20
Rs.250/-
5,000/-
3
Hired
vehicle(s) for 05 persons. A vehicle rent/day
20
Rs.3,000/-
60,000/-
4
Expected
sampled of CETP & U/G water sources, well surface water
source like River, Soil samples etc.
150
samples
Rs.1500/-
Analysis rate
2,25,000/-
5
Report
making and to higher infrastructure like computers, printers for
report making and stationery charges and purchase of sample
bottle, bucket, Tumbler, preservatives, Ice box etc.
–
–
25,000/-
Total
4,75,000/-
The
learned counsel appearing on behalf of the 5th respondent
– Jetpur Dyeing & Printing Association submits that the
Association is ready to bear the aforesaid costs of Rs.4,75,000/- and
further costs if any incurred by the Pollution Control Board.
In
the circumstances, we direct the 5th respondent –
Jetpur Dyeing & Printing Association to deposit a sum of
Rs,4,75,000/- with the Gujarat State Pollution Control Board by 17th
May, 2011. The Member Secretary of the Pollution Control Board will
ensure that the said amount is kept in a separate No Lien interest
bearing account and the fund can be released as and when this Court
will direct to make payment in favour of the Members of the
Committee, Field Assistant and other expenditures like vehicle, etc.
Out of the aforesaid amount, the Pollution Control may draw a sum of
Rs.2,00,000/- for the present for the expenditures for hiring of the
vehicle, draw and analyze the samples, etc.
It
is expected that the Committee will submit its report by 16th
August, 2011.
Let
a progress report be submitted by the end of June, 2011.
Post
the matter on 5th July, 2011.
[S.
J. MUKHOPADHAYA, CJ.]
[J.
B. PARDIWALA, J.]
sundar/-
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