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SCA/5842/2011	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 5842 of 2011
 

 
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PEPSICO
INDIA HOLDINGS PVT LTD 

 

Versus
 

GUJARAT
POLLUTION CONTROL BOARD & OTHERS
 

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Appearance : 
Mr Mihir
Joshi, Sr Advocate for M/s SINGHI & CO for
Petitioner(s) : 1, 
None for Respondent(s) : 1 -
4. 
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CORAM
			: 
			
		
		 
			 

HONOURABLE
			THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
		
	
	 
		 
			 

 

			
		
		 
			 

and
		
	
	 
		 
			 

 

			
		
		 
			 

HONOURABLE
			MR.JUSTICE J.B.PARDIWALA
		
	

 

Date
: 03/05/2011 

 

ORAL
ORDER

(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) A writ petition, Special Civil Application No.4830 of 2011 was preferred by the petitioner against order dated 8th April 2011 passed by the respondent - Gujarat Pollution Control Board under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974, whereby the petitioner's manufacturing unit at Plot No.27, GIDC Estate, Jhagadia, District Bharuch was directed to be closed and it was ordered to disconnect electricity and water connection with immediate effect.

When the matter was taken up on 20th April 2011, learned Senior Counsel informed that the Gujarat Pollution Control Board in the meantime stayed the impugned order by order dated 9th April 2011. Taking into consideration the aforesaid fact, the Court permitted the writ petitioner to withdraw the case with the following observations:

"It is expected that the Gujarat Pollution Control Board will reconsider the matter and will pass appropriate order. In case of any adverse decision, they shall pass a reasoned order."

The period of stay thereafter having not extended, again the writ petition has been preferred with similar relief as was prayed in earlier case. Today, when the matter is taken up, learned counsel for the petitioner submits that the Gujarat Pollution Control Board has again extended the stay for a period of 3 months by order dated 2nd May 2011, a copy of which has been produced before this Court. In the circumstances, no further order is required to be passed. As was observed earlier that the Gujarat Pollution Control Board is expected to take a final decision in the matter, we direct them to take such decision and pass a reasoned order within three months. However, if any adverse decision is taken or stay is vacated, it will be open for the petitioner to move this Court for appropriate relief. The writ Petition stands disposed of with aforesaid observation.

(S.J. Mukhopadhaya, CJ.) (J.B.Pardiwala, J.) *mohd     Top