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2009 Supreme(Bom) 1043

S.B.DESHMUKH, U.D.SALVI
Goa State Pollution Control Board, through its Environmental Engineer – Appellant
Versus
Balaji Metals, represented by Mr. Sanjiv Mathiyan – Respondent


Advocates Appeared:
For the Petitioner:A.N.S. Nadkarni, Senior Advocate with D. Lawande, Advocate.
For the Respondent:Y.V. Nadkarni, Advocate.

Judgment:

(S.B. Deshmukh, J.)

Heard learned Counsel for the respective parties. Rule, returnable forthwith. Mr. Y.V. Nadkarni waives notice for the respondent. The matter is heard finally by consent.

2. By this petition, the petitioner which is a statutory body, constituted by the State Government in pursuance of Section 4 of the Water (Prevention and Control of Pollution) Act, 1974 , challenges an order passed by the learned President, Administrative Tribunal, Panaji, Goa dated 13th August, 2009. The respondent is a partnership firm, registered under the provisions of the Indian Partnership Act, 1932. A consent to operate the industry in favour of the respondent-Company, according to the learned Counsel for the respondent, has been renewed by the Goa State Pollution Control Board by its Order dated 28th May, 2009 under the provisions of the Air (Prevention and Control of Pollution) Act, 1981 (hereinafter, referred to as “the Act 1981” for short). According to the respondent, somewhere on July 31, 2009, inspection of the respondent's unit was conducted by the officials of the Board. The said report allegedly shows gross violations of the conditions contained in the renewed consent









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