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SCA/1173220/2008	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 11732 of 2008
 

 
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PATEL
BONE MILL - Petitioner(s)
 

Versus
 

GUJARAT
POLLUTION CONTROL BOARD & 1 - Respondent(s)
 

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Appearance : 
MR
KV SHELAT for Petitioner(s) : 1, 
MR SUNIL L MEHTA for
Respondent(s) : 1, 
DS AFF.NOT FILED (N) for Respondent(s) :
2, 
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CORAM
			: 
			
		
		 
			 

HONOURABLE
			THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN
		
	
	 
		 
			 

 

			
		
		 
			 

HONOURABLE
			MR.JUSTICE AKIL KURESHI
		
	

 

Date
: 07/10/2008 

 

ORAL
ORDER

(Per : HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN) Heard learned counsel for the parties.

This Special Civil Application is preferred by the petitioner - Patel Bone Mill, challenging the order dated 19th July, 2008 passed by Environmental Engineer, Gujarat Pollution Control Board (GPCB), whereby certain directions were given in exercise of powers under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981.

Learned counsel for the petitioner submitted that the industrial unit in question is operating for the last 35 years.

Learned counsel for the GPCB refers to the decision taken by the Sub-divisional Magistrate, Godhra Prant, Godhra dated 11.12.2006 and pointed out that the bone mills, including the unit of the petitioner, are situated in the residential area, and due to various complaints received from the residents in the vicinity about the foul smell emanating from the petitioner-unit, it was decided to shift the bone mills outside the city. An inspection was conducted by the GPCB and based on the report, the impugned direction has been issued by the Environmental Engineer.

Learned counsel for the petitioner submits that the petitioner-unit will take effective steps to prevent the emission of foul smell in that area.

Considering the facts and circumstances of this case, we deem it proper to dispose of this petition directing the petitioner to make an appeal to the Member Secretary, GPCB, in case he is aggrieved by the directions given by the Environment Engineer. The Member Secretary, GPCB will entertain the same and pass appropriate orders within a period of one month from the date of receipt of the appeal, with notice to the petitioner.

With the aforesaid directions, the Special Civil Application stands disposed of. Notice is discharged.

(K.S.

RADHAKRISHNAN, C.J.) (AKIL KURESHI, J.) [sn devu] pps     Top