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C/SCA/17829/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 17829 of 2016
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BABAUBHAI NOOR MUHAMMAD SHAIKH....Petitioner(s)
Versus
STATE OF GUJARAT & 10....Respondent(s)
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Appearance:
MR VA MANSURI, ADVOCATE for the Petitioner(s) No. 1
MS NISHA THAKORE, AGP for the RESPONDENT(s) No. 1-2
NOTICE SERVED BY DS for the RESPONDENT(s) No. 2-5
DS AFF.NOT FILED (N) for the RESPONDENT(s) No. 4
MR VAIBHAV A VYAS, ADVOCATE for the Respondent(s) No. 5
NOTICE SERVED for the RESPONDENT(s) No. 6
MR JAYANT P BHATT, ADVOCATE for the Respondent(s) No. 7
MR JEET J BHATT, ADVOCATE for the Respondent(s) No. 7
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 03/08/2017
ORAL ORDER
There is one more development in the matter. The GPCB has passed a rejection order so far as the grant of CCA is concerned. The rejection order reads as under :
"In exercise of the power conferred by clause (b) of sub-section (1) of section 27 of the Water (Prevention and Control of Pollution) Act, 1974 and sub-section (4) of section 21 of the Air (Prevention and Control of Pollution) Act, 1981 and Rule 6 of Hazardous Waste Management Page 1 of 3 HC-NIC Page 1 of 3 Created On Fri Aug 04 00:46:51 IST 2017 C/SCA/17829/2016 ORDER Handling & Trans-boundary Movement) Rules 2008, framed under Environment (Protection) Act, 1986. This Board is empowered to reject the CCA.
The CCA applied for vide Inward application No : 120536, Dated 3.4.17 by M/s.Gujarat Earth Minerals Pvt. Ltd. for the industrial plant located at 263/1, ATARSUMBA, City : ATARSUMBA, Dist : Kheda for the manufacture of products mentioned in the application is hereby refused by the Board by the following reasons :
Specific Reason :
Not replied query.
Not submitted adequacy certificate from Sch 1 Auditor.
Please note that to operate an industrial plant without prior consent under the Water Act, 1974 and Air Act, 1981 and Authorization under the Hazardous Waste Rules are an offence punishable under the Water, Air & EPA, 1986.
Hence you are directed to comply above reasons and re- apply for obtaining valid CCA."
The order produced by Mr.Vyas, the learned counsel appearing for the GPCB is taken on record.
Despite the service of the fresh notice issued to the respondent no.4, the Gram Panchayat has not responded. For some reason or the other, the Gram Panchayat is trying to avoid this Court. There are serious allegations levelled by the petitioner as regards the genuineness of the 'raza chitthi' Page 2 of 3 HC-NIC Page 2 of 3 Created On Fri Aug 04 00:46:51 IST 2017 C/SCA/17829/2016 ORDER purported to have been issued by the Gram Panchayat dated 23rd September 2016.
According to Mr.Bhatt, the learned counsel appearing for the respondent no.7, the Gram Panchayat did grant the necessary permission.
Ms.Thakore, the learned AGP appearing for the State, submits that if the Gram Panchayat is not responding then the State would take upon the responsibility to assist the Court as regards the fact, whether any permission has been granted by the Gram Panchayat or not, including the genuineness of the document which is on record. The learned AGP assures that after due inquiry in this regard an appropriate report shall be placed before this Court.
Mr.Bhatt, the learned counsel appearing for the respondent no.7, submits that within ten to fifteen days his client will be installing a chimney.
Post the matter on 7th September 2017 for further hearing.
Till the next date of hearing, the GPCB shall not grant the CCA.
(J.B.PARDIWALA, J.) MOIN Page 3 of 3 HC-NIC Page 3 of 3 Created On Fri Aug 04 00:46:51 IST 2017