9911796707
TMI Blog2008 (3) TMI 290X X X X Extracts X X X X X X X X Extracts X X X X ..... Ravi R. Tripathi, JJ. S/Shri S.N. Shelat, Sr. Advocate with Mitul K Shelat for the Petitioner. Shri Harin P. Raval for Respondent. [Order per : M.S. Shah, J. (Oral)] - At the outset, Mr Shelat submitted that the petitioner Society is a body of persons organized as a Co-operative Society based on the principle of mutuality for providing treatment of effluents and management of waste generated by industrial units which are members of the petitioner Society. The petitioner Society cannot, therefore, be said to be rendering any service as such to any outsider in particular, but the activities of the society also have the object in the nature of public service by taking effective steps for prevention and control of pollution a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r circumstances of exceptional nature to be stated in such order. 3. Mr. Shelat for the petitioner Society has given a detailed background history leading to establishment of the Common Effluent Treatment Plant and the solid waste management system set up by the petitioner Society for protection of environment and prevention and control of pollution, pursuant to the directions given by this Court in Pravinbhai Jashbhai Patel v. State of Gujarat, 1995 (2) GLR Page-1210 and in Gujarat Chamber of Commerce and Industry v. Pravinbhai Jashbhai Patel, 1997(1) GLH Page-136. Mr. Shelat has also invited our attention to the directions contained in the later judgment, whereby this Court directed that all the industrial units having pollu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onstituted with the joint initiative of the State Government, Central Government and the industries in the year 1996 for the purpose of establishment and management of common facilities for treatment of effluents of the industrial units in the area. The Common Effluent Treatment Plant was established in the year 1998. For the said purposes, the State Government and the Central Government each granted 25% of the project cost as subsidy. A plot admeasuring 18500 sq. mtrs. was allotted by the Gujarat Industrial Development Corporation. The Central Government and the State Government accordingly gave subsidy of Rs.10.75 crores and the petitioner Society received from its members contribution of Rs.22.23 crores. 6. Mr. Shelat also points ou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eports of the petitioner Society for contending that the surpluses generated from its activities are not distributed by the petitioner Society, but they are ploughed back for the purpose of providing effluent treatment and solid waste management in a more effective and efficacious manner. 9. Having heard the learned counsel for the parties and having regard to the aforesaid aspects, it does appear to the Court that the petitioner Society has been established with the aid and assistance of the Central Government and the State Government and the petitioner Society is engaged in the activity of ensuring a safe and cleaner environment by undertaking treatment of industrial effluents and industrial waste materials. This activity for ensurin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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