IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.R Shah, A.Y Kogje, JJ.
Balaji Processors – Appellant
Vs.
State of Gujarat – Respondent
Special Civil Application No. 465 of 2016
Decided On : 09-04-2018
Constitution of India - Article 226 - Wild Life Act, 1972 - Environment Act, 1986 - Consolidated Consent and Authorization - Petitioners have prayed for an appropriate writ, direction and order to quash and set aside the impugned order passed by the respondent no.3 and to hold and declare that Notification does not prohibit existing business of the petitioners - Held, It is specifically mentioned that processing unit of the petitioner is in the Eco Sensitive Zone of Wildlife Sanctuary and same is only 500 meter away from Sanctuary, there is possibility of Air and Water pollution - In last para, it is specifically mentioned that as there is possibility of Air and Water Pollution, it was opined to take appropriate decision in case, it is found that there is no Air and/or Water Pollution - As observed herein above, the Industrial Unit of the petitioners is "polluting unit" and the same is just 500 meter away from the Sanctuary, submission of the petitioners is clause 3(1) of the Notification shall not be applicable to the existing unit prior to Notification which as observed herein above, cannot be accepted - Petition dismissed. (Para 7)
M.R. Shah, J.
By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for an appropriate writ, direction and order to quash and set aside the impugned order dated 07.10.2015 passed by the respondent no.3 - Gujarat Pollution Control Board (Annexure A to the petition) and to hold and declare that Notification No.SO.1260 dated 31.05.2015 does not prohibit existing business of the petitioners. The petitioners have further prayed for an appropriate writ, direction and order directing the respondent no.3 Gujarat Pollution Control Board to issue Consolidated Consent and Authorization (hereinafter referred to as the "CCA") to the petitioners Unit pursuant to its application dated 11.06.2015 upon such conditions as may be deemed appropriate and to direct the respondent no.4 to restore the power supply to the Unit of the petitioners at the location at Survey No. 57/1 & 5, Bilkha Road, Near Rama Fertilizers, Dungarpur (Padria), Dist. Junagadh.
2. The facts leading to the present petition in nutshell and so pleaded in the petition are as under:
2.1. That the petitioners were engaged in the business of washing of Grey Cotton Fabrics at its processing unit located at Survey No. 57/1 & 5, Bilkha Road, Near Rama Fertilizers, Dungarpur (Padria), Dist. Junagadh since 1992. That by Notification dated 31.05.2012 to conserve and protect the area around the protected areas of Girnar Wildlife Sanctuary, the said area is declared as Eco-Sensitive Zone from ecological and environmental point of view. The area in question is included in the Eco-Sensitive Zone declared pursuant to the Notification dated 31.05.2012. As per the said Notification dated 31.05.2012 all activities in the Girnar Eco-Sensitive Zone shall be governed by the provision of Wild Life (Protection) Act, 1972 (53 of 1972), the Forest (Conservation) Act, 1980 and the Environment (Protection) Act, 1986. Subject to the provision of Clause 3, the activities in the Eco-Sensitive Zone shall be regulated in accordance with Annexure III to the said Notification. That on and/or after publication of the said Notification in the official gazette, no new polluting industries shall be allowed to be set up within the Eco-Sensitive Zone and nonpolluting industries in the region may be considered with the provision of Minimum of 50 meter wide green belt.
2.2. That the respondent no.2 herein the Secretary, Girnar Sanctuary, Edo Development Committee and Deputy Forest Conservator, Junagadh Forest Department, Junagadh issued a letter in favour of respondent no.3 stating that as per the Notification dated 31.05.2012, polluting industries in Eco Sensitive Zone are prohibited. It was further stated that as unit of the petitioners falls under the Eco-Sensitive Zone, no further consent be given to the petitioners by GPCB respondent no.3 after it expires on 17.08.2014. Subsequently, the GPCB in reference to the above letter, addressed notice to the petitioners on 17.10.2014 whereby a copy was also marked to the respondent no.4 Electricity Company to disconnect the power supply of the petitioners unit.
That respondent no.2 Secretary, Gir Sanctuary issued notice to the petitioners to produce all necessary and relevant documents pertaining to the permission from the competent authority and upon failure to do so, respondent no.2 shall declare the unit of the petitioners as illegal and take steps for closure of the unit. That vide communication dated 27.08.2014, respondent no.3 was informed not to review the concerned CCA of the petitioners. It is the case on behalf of the petitioners that thereafter the petitioners made detailed representation on 09.09.2014 stating that the agriculturists in and around factory premises are taking crops from their respective lands, which could impliedly mean that water or air waste from the factory is not adversely affecting the environment. That the petitioners made further representation dated 22.09.2014 requesting to inspe
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