Point of Law: Jurisdiction of the High Court in entertaining a Writ Petition under Article 226 of the Constitution, in spite of the alternative statutory remedies, is not affected, specially in a case where the authority against whom the Writ is filed is shown to have had no jurisdiction or had purported to usurp jurisdiction without any legal foundation.

JUDGMENT :

J.B.PARDIWALA, J.

1 In the Special Civil Application No.21189 of 2018 filed under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs:

“(A) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions quashing and setting aside the impugned order dated 13.12.2018 passed by the respondent -CPCB (at Annexure-T hereto) and also further be pleased to direct respondent No.2 not to take any coercive action against the petitioner – company and/or its directors;

(A-1) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions quashing and setting aside the impugned order dated 05.01.2019 passed by the respondent – GPCB (at Annexure-Y hereto);

(B) During the pendency and final disposal of the present petition Your Lordships may be pleased to stay further operation, implementation and execution of the impugned order dated 13.12.2018 passed by the respondent – GPCB (at Annexure-T hereto) and also further be pleased to direct respondent No.2 not to take any coercive action against the petitioner – company and/or its directors; (B-1) During the pendency and final disposal of the present petition, Your Lordships may be pleased to stay further operation, implementation and execution of the impugned order dated 05.01.2019 passed by the respondent – GPCB (at Annexure-Y hereto);

(C) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case;”

2. In the connected matter i.e. the Special Civil Application No.6432 of 2020, the writ applicant has prayed for the following reliefs:

“(A) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions quashing and setting aside the impugned notices dated 21.01.2019, 22.08.2019, 12.02.2019, 06.09.2019 (at Annexure-M (colly.) hereto) as well as notice dated 04.10.2019 (at Annexure-Y hereto) and the letter / email dated 27.12.2019 received from the respondent – GPCB (At Annexure – BB hereto) and direct the respondent – GPCB to accept the action plan submitted by the petitioner and direct respondent to renew CCA for further period of 5 years;

(B) During the pendency and final disposal of the present petition Your Lordships may be pleased to stay further operation, implementation and execution of the impugned notices dated 21.01.2019, 22.08.2019, 12.02.2019, 06.09.2019 (at Annexure-M (colly.) hereto) as well as notice dated 04.10.2019 (at Annexure-Y hereto) and the letter / email dated 27.12.2019 received from the respondent – GPCB (at Annexure- BB hereto);

(C) Pass any such other and/or further orders and proper, in the facts and circumstances of the present case.”

3. As the issues involved in both the writ applications are the same and the parties are also the same, those were taken up for hearing analogously and are being disposed of by this common judgement and order.

4. For the sake of convenience, the Special Civil Application No.21189 of 2018 is treated as the lead matter.

5. We may clarify that the Special Civil Application No.6432 of 2020 has not been notified today in the cause list. However, as our attention has been drawn in this regard by the learned appearing for the parties, we called for the papers of the said matter and have treated the same to be on today’s cause list.

6. It appears from the materials on record that the writ applicant – VECL is engaged in the conveyance and discharge of industrial waste water through the 55 kilometers long channel which carries the trade effluent of the industries of the GIDC – Nandesari, Petrochemical Complex as well as various other industries located adjacent to the channel. The writ applicant appears to be catering around 36 industries including two CETPs of the District : Vadodara and Bharuch