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Gujarat High Court Case Information System Print 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, ========================================================= 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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