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Section 31A in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

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Gujarat High Court
Micro vs State on 7 July, 2011
Author: Mr.S.J.Mukhopadhaya, Mr.Justice J.B.Pardiwala,
  
 Gujarat High Court Case Information System 
    
  
    

 
 
    	      
         
	    
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SCA/7531/2011	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 7531 of 2011
 

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

 

MICRO
INDUSTRIES THROUGH PROPRIETOR - Petitioner(s)
 

Versus
 

STATE
OF GUJARAT THROUGH SECRETARY & 1 - Respondent(s)
 

=========================================================
 
Appearance
: 
MR
MP SHAH for
Petitioner(s) : 1,MS. KRUTI M SHAH for Petitioner(s) : 1, 
MS KRINA
CALLA ASSTT. GOVERNMENT PLEADER for Respondent(s) : 1, 
MR SUNIL L
MEHTA for Respondent(s) :
2, 
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CORAM
			: 
			
		
		 
			 

HONOURABLE
			THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
		
	
	 
		 
		 
			 

and
		
	
	 
		 
		 
			 

HONOURABLE
			MR.JUSTICE J.B.PARDIWALA
		
	

 

 
 


 

Date
: 07/07/2011  
ORAL ORDER

(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) The writ petition was preferred by the petitioner against the order of closure dated 19.2.2011 passed by the Gujarat Pollution Control Board under Section 31-A of the Air (Prevention and Control of Pollution) Act, 1981.

2. It appears that an Expert Committee of Sardar Vallabhbhai National Institute of Technology, Surat visited the unit on 13.4.2011 in connection with the order passed in another writ petition being Special Civil Application No.7652 of 2009 and recommended for trial run of the unit for three months only for repacking of ammonium chloride powder/crystals.

3. A reply affidavit has been filed by the second respondent- Gujarat Pollution Control Board and it is stated that the petitioner has given an undertaking that they have decided to discontinue evaporation activities to concentrate ammonium chloride/aluminium chloride solution and decided to dry the powder/ wet cake of ammonium chloride/aluminium chloride and not to use wood as fuel and to use electricity/natural gas for drying operation.

4. In view of the stand taken by the unit, which is also accepted by the learned counsel for the petitioner, on the request of the learned counsel for the petitioner, we are not interfering with the order impugned, but allow the petitioner to approach GPCB, who may pass appropriate order after consulting experts of SVNIT, Surat.

6. The writ petition stands disposed of accordingly.

(S.J.

MUKHOPADHAYA, CJ.) (J.B.

PARDIWALA, J.) zgs/-

   
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