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2023 Supreme(Guj) 701

SUNITA AGARWAL, N. V. ANJARIA
Visual Pharmachem – Appellant
Versus
Gujarat Pollution Control Board – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. SHALIN MEHTA, SENIOR COUNSEL WITH MR. GAURAV K LAKHWANI(9520) WITH MR MEET P THANKI(13015)
For the Respondent:MS. MANISHA LAVKUMAR SHAH, SENIOR ADVOCATE WITH MR. CHINTAN H DAVE

JUDGMENT :

SUNITA AGARWAL, J.

1. This writ petition is directed against the order dated 12.06.2023 passed by the Gujarat Pollution Control Board directing the closure of the petitioner company, as also imposing interim environmental damage compensation of Rs. 25,00,000/-. Further relief has also been sought to set aside the notice of intention to revoke (withdraw) consent namely CCA No. AWH95670 & H 108228 dated 13.06.2023.

2. Pressing the relief sought in the writ petition, it is submitted by the learned Senior Counsel Mr. Shalin Mehta for the petitioner that the closure order suffers from the vice of natural justice. No show-cause notice at all has been issued to the petitioner before passing the closure order based on inspection of the industry, being run by the petitioner, on 07.06.2023. It is further argued that the closure order has been passed in violation of the procedure prescribed in the statutory provision of The Environmental (Protection) Act, 1986 (in short as ‘the Act, 1986) read with the Environment (Protection) Rules, 1986 (in short as ‘the Rules, 1986). The respondent - Gujarat Pollution Control Board (in short as ‘the Board’) has exceeded its jurisdiction under secti

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