SCA/7652/2009	 3/ 5	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 7652 of 2009
 

With


 

SPECIAL
CIVIL APPLICATION No. 3393 of 2010
 

With


 

SPECIAL
CIVIL APPLICATION No. 3181 of 2010
 

With


 

CIVIL
APPLICATION No. 2741 of 2010
 

In
SPECIAL CIVIL APPLICATION No. 3181 of
2010 
=========================================


 

LORD'S
SEASIDE COOPERATIVE HOUSING SERVICE SOCIETY LTD & 9 -
Petitioner(s)
 

Versus
 

CHAIRMAN
/ MEMBER SECRETARY & 8 - Respondent(s)
 

=========================================
 
Appearance : 
MR
PC KAVINA, SR. ADV. WITH MR  TS NANAVATI
for Petitioner(s) : 1  
3.                           MR BHUSHAN B OZA for Petitioner(s) : 4 -
10. 
RULE SERVED BY DS for Respondent(s) : 1 - 7. 
MR TUSHAR
MEHTA, ADDL. ADV. GENERAL WITH MR  SUNIL L MEHTA for Respondent(s) :
1 - 2. 
M/S TRIVEDI & GUPTA for Respondent(s) : 3 -
4. 
GOVERNMENT PLEADER for Respondent(s) : 5, 
MRMPSHAH for
Respondent(s) : 6 - 7. 
MR.SI NANAVATI, Sr. Adv. For Industries
Association                                                          
     MS KRUTI M SHAH for Respondent(s) : 6 - 7. 
MR SP MAJMUDAR for
Respondent(s) : 8, 
MR PP MAJMUDAR for Respondent(s) : 8, 
MR
ANIP A GANDHI for Respondent(s) : 9,                                 
                                            MR AJ DESAI, AGP in CA
No.2741/10 for respondent No.4.                                      
             MR AMIT PANCHAL for the intervenor in SCA No.7652 of
2009. 
=========================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
		
	
	 
		 
		 
			 

and
		
	
	 
		 
		 
			 

HONOURABLE
			MR.JUSTICE AKIL KURESHI
		
	

 

 
 


 

Date
: 19/03/2010 

 

ORAL
ORDER

(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) Having heard the counsel for the parties, taking into consideration the public interest and as suggested by the parties, the following order is passed for the present :-

There will be a monitoring agency consisting of experts of Sardar Vallabhbhai Patel National Institute of Technology, Surat ( SVPNIT for short) which will monitor all the units situated within Sarigam Industrial Estate, Valsad.

All the industrial units situated within Sarigam Industrial Estate, Valsad will get their respective units checked and obtain certification from SVPNIT.

The industrial units not discharging any effluent (zero discharge) and not connected with any drain will also get their units checked and obtain certificate from the aforesaid agency.

The running industrial units, having effluent treatment plants to treat their effluents, are also required to get their respective units checked and obtain certification to show that they are treating their effluents in conformity with the parameters required under the law. They will give specific undertaking in writing that they will operate their respective treatment plant all times, failing which the Gujarat Pollution Control Board (GPCB) may close the unit.

The units, which have been ordered to be closed or have already been closed, are allowed to start trial production and may discharge their treated effluents, but they will have to get their respective unit checked and inspected by SVPNIT within one week from the date of trial production. Necessary electrical and water connection may be given for trial production, subject to the final order as may be passed by this Court. For further continuance of their units, they will have to obtain permission from this Court which may be granted on the basis of the report of SVPNIT within a period of fifteen days from the date of trial production, failing which they will have to close their unit and there shall be disconnection of electricity and water supply.

SVPNIT is directed to get all the industrial units situated within the Sarigam Industrial Estate checked and certified to find out whether they fulfill the norms under the Water (Prevention and Control of Pollution) Act and Air (Prevention and Control of Pollution) Act. It will submit its first report before the Court and may make surprise inspection any time subsequently during the present calendar year.

For such inspection, the following amount is prescribed for payment in favour of SVPNIT by the industrial units for the rest of the calendar year :-

(a) Plastic industry will pay Rs.10,000/- (Rupees ten thousand only) in favour of SVPNIT.

(b) The other industries whose capital investment towards movable and immovable property is less than Rs.5 Crores, will pay Rs.25,000/- (Rupees twenty five thousand only) each in favour of SVPNIT.

(c) The rest of the industries (large scale industries) will pay a sum of Rs.1,00,000/- (Rupees one lakh only) each in favour of SVPNIT.

Each industrial unit will ensure that the in-house treatment plant in their respective industrial unit is certified by SVPNIT. In absence of such certification, the Court may order for closure of such unit.

It will be open to the Gujarat Pollution Control Board (GPCB) to get the industrial units of the area monitored through the aforesaid agency viz. SVPNIT for subsequent calendar year and for that it may prescribe annual fee to be deposited by one or other industry with the SVPNIT.

In case any of the industries fails to deposit the amount with the SVPNIT within a month for inspection in terms of the Court s order, the GPCB will close such unit.

Sarigam Industrial Association shall take the responsibility to monitor the treatment of effluent of its member industries before pushing it to the pumping station. If it comes to the notice of the Association that any of its members or even a non-member is discharging untreated effluents in the pumping station, it will bring the same to the notice of the Pollution Control Board.

Random monitoring and checking will be conducted by SVPNIT. Apart from it, it will also be open to the GPCB to conduct random checking and monitoring of any of the industries.

The Gujarat Industrial Development Corporation (GIDC) may repair the existing effluent pipeline. In any case, they will install and complete the new pipeline to carry the treated effluents to the sea as per the norms by 30th May, 2010.

The State Government and the District Administration are directed to give necessary police protection to the GIDC, if it so requires, for laying down the new pipeline.

The Pollution Control Board will submit its report alongwith the details of certification as made by SVPNIT in favour of one or other industry for further order.

Direct service of this order is permitted.

Post the matters on 8th April, 2010.

(S.J.Mukhopadhaya, C.J.) (Akil Kureshi, J.) (vjn)