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SCA/12174/2008	 1/ 3	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 12174 of 2008
 

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


 

SAMAGOGA-BARAYA
GRAM VIKAS SAMITI & 6 - Petitioner(s)
 

Versus
 

STATE
OF GUJARAT & 11 - Respondent(s)
 

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Appearance : 
MR
MIHIR THAKORE, SENIOR COUNSEL with MR BY MANKAD for Petitioner(s) : 1
- 7. 
MS. TRUSHA PATEL, ASSISTANT GOVERNMENT PLEADER for
Respondent(s) : 1 - 4. 
NOTICE SERVED for Respondent(s) : 1 - 10,
12, 
MR SHIVANG M SHAH for Respondent(s) : 7, 
MR RITURAJ M MEENA
for Respondent(s) : 0.0.0  
MS SHIVYA A DESAI for Respondent(s) :
8, 
MRS VD NANAVATI for Respondent(s) : 0.0.0  
MR SN THAKKAR for
Respondent(s) : 0.0.0  
M/S WADIA GHANDY &CO for Respondent(s)
: 0.0.0  
======================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
		
	
	 
		 
			 

 

			
		
		 
			 

and
		
	
	 
		 
			 

 

			
		
		 
			 

HONOURABLE
			MR.JUSTICE ANANT S. DAVE
		
	

 

				Date
: 28/01/2010 

 

 
ORAL
ORDER

(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) This Public Interest Litigation has been preferred by the villagers of Samagoga and Baraya of Taluka Mundra, alleging pollution caused by 7th to 12th respondents by emitting hazardous gas and discharging untreated effluents. Pollution Control Board was initially directed to visit the industrial premises and to submit a report before this Court. However, the report being incomplete with regard to some of the industries, namely Ashapura Mine Chem Limited, Mahashakti Coke and Jindal Saw Limited, the Pollution Control Board was asked to make further enquiry under the Water (Prevention and Control of Pollution) Act and under Air (Prevention and Control of Pollution)-1981, and to submit a fresh report.

Pursuant to the Court's order, a report has been submitted before this Court, from which it would be evident that none of the respondent industries are discharging any hazardous waste, nor emitting any hazardous gas, which are within the permissible limits. In absence of any infirmity in the report, we accept the same.

Mr.

Mihir Thakore, learned Senior Counsel for the petitioners contended that though Panchayats assessed the property of the respondents in this case, no steps have been taken for recovery of the same. Per contra, learned Counsel appearing for the Panchayats submitted that steps have already been taken to recover the property tax and other dues. Learned counsel appearing on behalf of the respondent industries submitted that the industries are ready to pay the tax, subject to their rights to challenge illegal assessment, if any, made.

The next submission made on behalf of the petitioner is that the industries are not being established with proper permission and therefore, they may not be allowed to run. Such submission has been disputed by the respondents, who wanted to rely upon the documents to show that the industries have been established after obtaining due permission from the Authorities.

We have heard learned counsel for the parties and perused the records.

In the present case, as it has been reported by the Pollution Control Board after the recent inspection that the respondent industries are not emitting any hazardous gas, which is well within the permissible limit, and are also not discharging any untreated effluent, we are not inclined to issue any direction to the Pollution Control Board. It will always be open for the Pollution Control Board to make periodical inspection of the industries to ensure that no industrial pollution is caused.

So far as collection of tax is concerned, the Panchayats are directed to take steps for collection of the assessed tax in accordance with law. If one or other respondent industry is not satisfied with such assessment, they may move an appeal under sub-section (6 ) of Section 200 of the Act, after depositing the requisite amount under sub-section (7) of Section 200 of the Gujarat Panchayats Act, 1993.

The petition stands disposed of with aforesaid observations and directions. There shall be no order as to costs.

(S.J.Mukhopadhaya, C.J.) (Anant S. Dave, J.) */Mohandas     Top