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THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 18(1)(b) in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

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Gujarat High Court
Babubhai Ramubhai Saini vs Unknown on 16 December, 2013
  
	 
	 BABUBHAI RAMUBHAI SAINI....Applicant(s)V/SGUJARAT POLLUTION CONTROL BOARD
	 
	 
	 
	 
	 
	 
	 
	 
	

 
 


	 


	C/WPPIL/165/2013
	                                                                    
	                           ORDER

 

 


 
	  
	  
		 
			 

IN
			THE HIGH COURT OF GUJARAT AT AHMEDABAD
		
	

 


 


 


WRIT PETITION  (PIL) 
NO. 165 of 2013
 


 


 


With 

 


CIVIL APPLICATION NO.
12536 of 2013
 


  In    

 


WRIT PETITION  (PIL) NO.
165 of 2013
 


With 

 


CIVIL APPLICATION NO.
12538 of 2013
 


  In    

 


WRIT PETITION  (PIL) NO.
165 of 2013
 


With 

 


CIVIL APPLICATION NO.
12740 of 2013
 


  In    

 


WRIT PETITION  (PIL) NO.
165 of 2013
 


With 

 


SPECIAL CIVIL
APPLICATION NO. 18066 of 2013
 

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


BABUBHAI RAMUBHAI
SAINI....Applicant(s)
 


Versus
 


GUJARAT POLLUTION CONTROL
BOARD  &  8....Opponent(s)
 

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

Appearance:
 

MR
DHAVAL M BAROT, ADVOCATE for the Applicant(s) No. 1
 

MR
AMAR D MITHANI, ADVOCATE for the Opponent(s) No. 8 - 9
 

MR
ASPI M KAPADIA, ADVOCATE for the Opponent(s) No. 5
 

MR
HARDIK H PANDIT, ADVOCATE for the Opponent(s) No. 7
 

MR
MD RANA, ADVOCATE for the Opponent(s) No. 6
 

MR
P B KHAMBHOLJA, ADVOCATE for the Opponent(s) No. 4
 

MR
SS ACHARYA, ADVOCATE for the Opponent(s) No. 3
 

MR
VAIBHAV A VYAS, ADVOCATE for the Opponent(s) No. 1
 

NOTICE
SERVED BY DS for the Opponent(s) No. 2
 

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

 


 


	 
		  
		 
		  
			 
				 

CORAM:
				
				
			
			 
				 

HONOURABLE THE
				CHIEF JUSTICE MR. BHASKAR BHATTACHARYA
			
		
		 
			 
				 

 

				
			
			 
				 

and
			
		
		 
			 
				 

 

				
			
			 
				 

HONOURABLE
				MR.JUSTICE J.B.PARDIWALA
			
		
	

 


 

 


Date : 16/12/2013
 


 

 


COMMON ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA) Let the matters appear on 19th December 2013 for further hearing.

In the meantime, the Central Pollution Control Board will affirm an affidavit disclosing whether the directions issued by the Central Pollution Control Board under Section 18(1)(b) of the Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 in the matter of ceramic industries at Morbi and Wankaner, District Rajkot as reflected in the letter dated 23rd August 2012 written to the Chairman, Gujarat Pollution Control Board have been further modified by the Central Pollution Control Board. The Board will also affirm an affidavit disclosing whether the communication to the Chairman, Gujarat Pollution Control Board dated 11th October 2012 at the instance of the Member Secretary, which is Annexure-C to Special Civil Application No.18066 of 2013 is the outcome of any change of policy adopted by the Central Pollution Control Board in exercise of powers conferred under Section 18(1)(b) of the Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974, indicated earlier. It will also specifically clarify whether the mandatory directions in terms of the letter dated 23rd August 2012 indicated earlier have been revoked authorising the units at Morbi and Wankaner to continue in violation of the directions earlier given.

The affidavits filed today by various parties be kept with the record.

(BHASKAR BHATTACHARYA, CJ.) (J.B.PARDIWALA, J.) zgs Page 3 of 3