YEAST ALCO ENZYMES LTD....Petitioner(s)V/SSPECIAL SECRETARY
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	

 
 


	 


	C/SCA/11707/2012
	                                                                    
	                           ORDER

 

 


 
	  
	  
		 
			 

IN
			THE HIGH COURT OF GUJARAT AT AHMEDABAD
		
	

 


 


 


SPECIAL CIVIL
APPLICATION  NO. 11707 of 2012
 


 


 

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YEAST ALCO ENZYMES
LTD....Petitioner(s)
 


Versus
 


SPECIAL SECRETARY  & 
2....Respondent(s)
 

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Appearance:
 

Ms.Vyoma
Jhaveri for MR DIPEN DESAI, ADVOCATE for the Petitioner(s) No. 1
 

Ms.Asmita
Patel,learned Assistant Government Pleader for respondents Nos.1 and
3.
 

MR
RITURAJ M MEENA, ADVOCATE for the Respondent(s) No. 2
 

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CORAM:
				
				
			
			 
				 

HONOURABLE SMT.
				JUSTICE ABHILASHA KUMARI
			
		
	

 


 

 


Date : 18/02/2013
 


 

 


ORAL ORDER

1. This petition under Article 226 of the Constitution of India has been filed with a prayer to issue a writ of mandamus or a direction to the District Collector, Bhavnagar, to comply with order dated 30-12-2009, passed by this Court in Special Civil Application No.10892 of 2009.

2. The petitioner had earlier filed the above-mentioned petition which came to disposed of by order dated 30-12-2009 with the following directions:

11. In view of the aforesaid, it appears that the following directions shall meet with the ends of justice:

(1) Respondent No.2 the Chairman of Gujarat Pollution Control Board shall assign the work of examining the genuine requirement of the land on the part of the petitioner keeping in view the conditions to be complied with under the Water (Prevention and Control of Pollution) Act, 1974 and other relevant Act to avoid the pollution in the manufacturing activity of the petitioning company. Such work shall be assigned to the Committee of two technical experts and one expert on administrative side. The petitioner shall make an application for such purpose to the Chairman of the respondent No.2 Board within two weeks from today and in response thereto, the respondent No.2 shall inform the requisite amount to be paid towards services to be rendered by such Committee within two weeks thereafter and the petitioner shall deposit the said amount within one week upon such communication.

(2) After the necessary cost and the fee is deposited by the petitioner, the Committee shall undertake the work and shall submit a detailed report with the sketch to the District Collector. At the time when the Committee prepares the report, the petitioner shall be at the liberty to keep its technical expert present and the District Collector shall also be at the liberty to keep his officer, not below the rank of Mamlatdar, present. However, be it noted that the technical expert of the petitioner or the Mamlatdar's opinion may be considered by the members of the Committee but such shall not be binding upon the Committee and the Committee shall be at the liberty to objectively examine the matter without being influenced by the earlier report unless found proper by the Committee to that extent and also keeping in view the requirement to avoid water and air pollution if any. While considering the aspects of genuine requirement of the land, the available existing land and the shifting of the treatment plant or otherwise, if required, etc. shall be considered. The report shall be submitted by the Committee within six weeks upon the work assigned by the respondent No.2 to such Committee.

(3) The petitioner shall file an undertaking within two weeks from today to abide by the directions as given hereinabove and shall further state in the undertaking that the report shall be binding to the petitioner and if it is so opined in the said report by the Committee of experts that the particular area of land is not required, for running the industry, after shifting of the plant or otherwise, as may be opined by the Committee, within one month the possession of the Government land shall be handed over by the petitioner to the Government, failing which, the petitioner shall not object to the possession being taken over by the Government Authority as per the report of the Committee.

(4) Upon the report received by the District Collector, the District Collector shall re-examine the matter in light of the report on the aspect of allotment of the land to the petitioner at the prevailing policy of the Government at the relevant point of time and after giving opportunity of hearing, he shall pass an appropriate order in accordance with law. Such exercise may be complected preferably within period of three months from the receipt of the report. However, pending the consideration, it will be open to the District Collector to take over the possession of the land which is not genuinely required as per the report of the Committee and as per the undertaking given by the petitioner read with the earlier directions as observed hereinabove.

12. In view of the aforesaid directions, the orders passed by the Collector as well as of the State Government, which are impugned in the present petition would not survive as the matter will have to be considered a fresh as per the earlier directions.

13. Petition is disposed of in terms of the aforesaid directions. No order as to costs. Direct service is permitted.

3. Pursuant to the order dated 30-12-2009, passed in Special Civil Application No.10892 of 2009, respondent No.2 Chairman of the Gujarat Pollution Control Board formed a Committee of two technical experts and one expert on the administrative side. The petitioner also filed an Undertaking in terms of paragraph 11(3) of the said order.

4. The Report of the Committee has been produced on record by an affidavit-in-reply filed on behalf of the Gujarat Pollution Control Board, affirmed on 29-1-2013.

5. In view of the said Report, the Collector Bhavnagar has issued a notice dated 6-2-2013 to the petitioner to return the excess land admeasuring 1633.00 sq.mtrs.

6. A copy of the notice dated 6-2-2013 has been tendered by the learned advocate for the petitioner and is taken on the record of the case.

7. It is stated by Ms.Vyoma Jhaveri, learned advocate for the petitioner that as per the said notice the petitioner is ready and willing to give up the possession of excess land, admeasuring 1633.00 Sq.Mts. As regards the remaining land, the petitioner would make an application to the Collector, Bhavnagar to regularise the same. It is submitted that if such an application has already not been made, the same will be made within one week from today and the Collector may be directed to consider and decide the same, within a time bound period. It is prayed that the petition be disposed of, in the above terms.

8. Ms.Asmita Patel, learned Assistant Government Pleader submits that in the event that the petitioner makes an application for regularization of the remaining land, the same will be decided within a period of time, as stipulated by this Court.

9. Mr.Rituraj Meena,learned advocate for respondent No.2 submits that he has no objection if the petition is disposed of, as above.

10. Upon hearing learned counsel for the respective parties, the following order is passed:

In the event that the petitioner has not already made an application for regularisation of the remaining land after handing over the land admeasuring 1633.00 Sq.Mtrs., it shall be made within a period of one week from today. Upon receipt of the application, the Collector, Bhavnagar (respondent No.3) shall consider and decide the same, in accordance with law, within a period of two months from the date of receipt of the application.

11. The petition is disposed of, in the above terms,without entering into the merits of the case.

Direct service of this order is permitted.

(SMT. ABHILASHA KUMARI, J.) ARG Page 8 of 8