VINESH RAMJIBHAI VANIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) On 15/7/2021, this Court passed the following order :

(2.) Today, when the matter was taken up for further hearing, we were shocked and thoroughly disappointed to learn from Ms.Manisha Lavkumar Shah, the learned senior counsel appearing for the Gujarat Pollution Control Board, that the Gandhidham Nagarpalika has not done anything in the last two months. Ms.Shah pointed out that things remain as they were on the date this Court passed the order referred to above, i.e. 15/7/2021.

(3.) Ms.Kalpana Brahmbhatt, the learned counsel appearing for the Nagarpalika has altogether a different story to narrate. First she gave up what has been observed by this Court in the order dtd. 15/7/2021. According to Ms.Brahmbhatt what has been observed by this Court in the said order is not what was in fact understood by the Nagarpalika and is something contrary to the fact situation. According to Ms.Brahmbhatt, it is not possible for the Nagarpalika to lift 1,70,000 tons of solid waste from the old site and dump it at the new site allotted by the State Government to the Nagarpalika. She pointed out that in undertaking such exercise the Nagarpalika would have to incur expenditure of Rs.1,00,000.00=00 per day. Ms.Brahmbhatt would submit that the Nagarpalika wants to undertake the remediation process at the very site where the solid waste has been dumped as on date and dispose off the same from the site itself. She would submit that her clients are waiting for the necessary permission to enter the site and start with the work. She further pointed out that the Nagarpalika has received a grant of Rs.11.00crore under the 'Swachh Bharat Abhiyan Scheme' of the Central Government and would be using the said amount for the project in question. She submitted that the amount towards the grant referred to above has to be utilized by next year, i.e. 2022.