R. K. ABICHANDANI, J.

( 1 ) ). In this group of matters the petitioners-Industrial units have challenged the action of the State Government taken under Section 5 of the Environment (Protection) Act, 1986 (hereinafter referred to as the said Act), giving directions to them to stop production activities and take necessary steps to make the waste water being discharged by the units to conform to the standards specified by the Gujarat Pollution Control Board and not restart the production activities without the permission of State Government and Forest and Environment Department. The directions were issued by the Forest and Environment Department of the Government to these these (sic.) three industrial units under the impugned orders dated 19th October 1994.

( 2 ) ). The petitioner in Special Civil Application No. 12136/94 is a Partnership firm carrying on business in textile processing and having its (sic.) unit in the G. I. D. C. Estate zone at Naroda, Ahmedabad. The said petitioner had applied for consent of the Gujarat Pollution Control Board (hereinafter referred to as the State Board) under Section 25 (2) of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as the Water Act ). A consent letter was issued in its (sic.) favour on 26th November 1981 by the State Board as per Annexure B to the petition. According to this petitioner, it had constructed water treatment plant which was functinoal. It is contended that however, the drainage provided by the G. I. D. C. was not of sufficient capacity and due to overflow, the water discharged by other factories entered the premises of the factory of this petitioner. This petitioner had filed a Suit being Civil Suit No. 5391/93 in the City Civil Court at Ahmedabad, on receiving a notice from the G. I. D. C. that action would be taken for disconnecting the water supply. The said suit is pending. According to the petitioner, sample were taken by the State Board for analysis of the effluent and a report dated 13th October 1993 of the State Board showed ph factor at 6. 06 which was within the tolerance limits. It is contended that no notice was issued to the petitioner before making the impugned order dated 19th October 1994. It is also contended that the action was taken on the basis of letter dated 10th October 1994 of the State Board, a copy of which was not supplied to the petitioner.

( 3 ) ). In Special Civil Application No. 12357/94, the petitioner-Company is engaged in the manufacture of dye intermediates and has its factory in the G. I. D. C. Estate, Vatva, Ahmedabad. According to this petitioner, it had installed a primary effluent plant which was working satisfactorily. However, the State of Gujarat issued order dated 19th October 1994 directing the petitioner Company to stop its (sic.) production activitides, to take all necessary steps to make the waste water being discharged by the Company to conform to the standards specified by the State Board and not to restart production without prior permission of the State. It is contended that this order has been made without giving opportunity of being heard to the petitioner. It is also contended that the powers were exercised by the State Government under the provisions of Section 5 of the said Act read with Rule 4 (5) of the Rules framed thereunder, though these powers are vested in the Central Government and it was not shown whether they were delegated to the State Government.

( 4 ) ). In Special Civil Application No. 12165/94, the petitioner-Private Limited Company carries on business of processing manmade fibre at the G. I. D. C. Estate, Vatva, Ahmedabad. According to this petitioner, officers of the State Government inspected the factory of the petitioner on 13th September 1994 and the sample of water was collected for analysis. A report was made on 27th September 1994 showing that the trade effluent discharged by the petitioners factory did not conform to the standard prescribed by the respondent.

Click Here to Read the rest of this document