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2022 Supreme(Guj) 560

R.M.CHHAYA, NIRZAR S.DESAI
Naroda Enviro Projects Ltd. – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant :Ms. Megha Jani, Advocate with Mr. Mit S. Thakkar.
For the Respondents: Mr. Devang Vyas, Central Government Counsel with Mr. Viral K. Shah, Mr. Tirthraj Pandya AGP.

ORDER :

Nirzar S. Desai, J.

1. By way of the present Letters Patent Appeals under Clause 15 of the Letters Patent Act, the present appellant has challenged the oral judgment dated 30.09.2013 rendered by the learned Single Judge in Special Civil Application No.4030 of 2004 whereby the petition preferred by the petitioner was dismissed.

2. Heard learned advocate Ms. Megha Jani for learned advocate Mr. Mit Thakkar for the appellant, learned Central Government Counsel Mr. Viral Shah for the Respondent No.1 and learned Assistant Government Pleader for Respondent No.2 – State.

3. The brief facts giving rise to the present appeal are stated as under:

3.1 The present appellant association is a limited company promoted by 229 member units having their industries of different nature located in Naroda Industrial Estate, GIDC, Ahmedabad and was incorporated under relevant provisions of the Companies Act, 1956. The object of the appellant is to reduce the intensity of pollution caused by member units by Commissioning and running a Common Effluent Treatment Plant (‘CETP’, for short).

3.2 In the decade of 1990’s, the Industrial Pollution Control Project (‘IPCP’, for short) was floated by Union of India

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