C/WPPIL/165/2013                                ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  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. 12536 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
                                 With
           SPECIAL CIVIL APPLICATION NO. 18207 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 SUDHIR I.NANAVATI, SR.ADVOCATE with 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
================================================================




                               Page 1 of 4
            C/WPPIL/165/2013                        ORDER



           CORAM: HONOURABLE THE CHIEF JUSTICE MR.
                  BHASKAR BHATTACHARYA
                  and
                  HONOURABLE MR.JUSTICE J.B.PARDIWALA

                              Date : 20/01/2014


                               ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA) The Public Interest Litigation along with two other connected Special Civil Applications have been taken up today for the purpose of further consideration of the dispute involved therein.

After hearing the learned counsel for the parties and after going through the materials on record, we find that our order dated 25th October 2013 was meant for implementation of the directions contained in the letter dated 23rd August 2012, which was annexed as Annexure-'A' to the Writ Petition (PIL), and according to the affidavit affirmed by the CPCB, it appears that the directions contained therein were, in fact, in terms of Section 18 of the Water (Prevention and Control of Pollution) Act, 1974.

On overall consideration of the above Act, it appears that in the matter of fixation of policy, the Central Government and Page 2 of 4 C/WPPIL/165/2013 ORDER the State Government have also vital role to play along with the CPCB and the GPCB.

It appears that principles adopted by the CPCB can be modified or altered by the Central Government, and at the same time, such policy adopted by the GPCB can be altered by the State Government.

In such circumstances, we are of the view that adjudication of the dispute involved herein as prayed for by the petitioners of the two Special Civil Applications cannot be effectively made unless we make the Central Government and the State Government as party to these proceedings. We, accordingly, direct the petitioner of the three proceedings to join the State Government and the Central Government as party to the proceedings.

Let notice be issued upon the State of Gujarat and the Union of India, returnable on 29th January 2014.

We do not propose to vary our earlier order dated 25 th October 2013 at this stage so long the appropriate authority under the above Act agrees to change the existing policy Page 3 of 4 C/WPPIL/165/2013 ORDER based on which the licence was granted, on a pre-condition that the concerned industry must use LNG.

Let the matters appear on 29th January 2014. The petitioners are at liberty to serve, in addition to the notice, the advance copy of the applications upon the Government Pleader and the Assistant Solicitor General of India, Gujarat High Court, Ahmedabad.

We make it clear that pendency of these Applications will not stand in the way of the CPCB and the GPCB, in making efforts for resolving the dispute jointly.

Direct service is permitted.

(BHASKAR BHATTACHARYA, CJ.) (J.B.PARDIWALA, J.) MOIN Page 4 of 4