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1995 Supreme(Guj) 360

B.N.KIRPAL, H.L.GOKHALE
PRAVINBHAI JASHBHAI PATEL – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.D.Padival, A.S.KOTHARI, A.S.VAKIL, A.Y.KOGJE, AMIT PANCHAL, B.R.GUPTA, C.S.UPADHYAY, D.M.AHUJA, G.RAMA SWAMI, HARESH J.TRIVEDI, K.S.Nanavati, K.V.SHELAT, KAUSHAL THAKKAR, R.H.MEHTA, S.B.VAKIL, S.N.SHELAT, SHIRISH JOSHI, TUSHAR MEHTA, UMESH SHUKLA

B. N. KIRPAL, J.

( 1 ). Large scale pollution of the Kharicut Canal and the areas at least in the immediate vicinity thereof by some of the industrial units, which are now within the Ahmedabad Municipal limits, and the inaction of the government Authorities in taking any effective steps to control it has led to the filing of the present writ petition. As we shall presently see, it is as if a Chemical war has been launched by some industrial units, against Man and Nature.

( 2 ). The two petitioners are agriculturists having agricultural land in Kheda district. In this petition, which has also been termed as "a public interest litigation", it is alleged that the industries which have been set up in the industrial estates at naroda, Vatva and Odhav in Ahmedabad are discharging their polluted effluents into Kharicut Canal which, in turn, leads to Khari river. It is further alleged that there are about 11 villages in Kheda District, whose only source of water for the purposes of agriculture is from Khari river. Due to the water pollution caused by the said industries, the water in the Khatri river is no longer suitable for agriculture. In addition thereto, the agricultural lands in these






































































































































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