BHARAT GANGJI GALA Vs. GUJARAT POLLUTION CONTROL

JUDGEMENT

(1.) This petition has been filed on 11/10/2022 and even before scrutiny of the papers could take place, a request for matter being listed on 12/10/2022 or 13/10/2022 was moved in open Court and it came to be rejected on ground of there being no urgency. In the meanwhile, a writ petition under Article 32 came to be filed by the petitioners before the Hon'ble Apex Court in Writ Petition (Civil) Diary No.32929 of 2022 and it seems to have been mentioned before the Hon'ble Apex Court on for being taken up. Learned counsel who represented the petitioners before the Hon'ble Apex Court conceded to the fact that petitioners had already approached this Court by filing a Special Civil Application under Article 226 of the Constitution of India namely the present application. However, it was submitted before the Hon'ble Apex Court that matter was not getting listed. Hence, the Hon'ble Apex Court granted liberty to the petitioners to withdraw the petition filed before it and gave further liberty to the petitioners to make an appropriate mention before this Court to have the pending matter listed at an early date. Petitioners do not seem to have submitted before the Hon'ble Apex Court about the date of filing of this writ petition [Writ Petition (PIL) No.85 of 2022] being 11/10/2022, when the writ petition filed before the Hon'ble Apex Court was mentioned namely on 13/10/2022. In this background, petitioners filed yet another request for grant of circulation of this writ petition on 14/10/2022 and the request was accepted and matter was ordered to be listed on 17/10/2022. In fact, this writ petition was registered on 14/10/2022 only.

(2.) Today when the matter was taken up for consideration, the learned advocates appearing for both the parties submitted that consideration of interim prayer and main prayer are one and the same. Hence, by passing the following order, we took up the matter for final disposal :

(3.) We have heard the arguments of Mr.Anandvardhan J. Yagnik, learned counsel appearing for the petitioner, Ms.Manisha Lavkumar, learned Senior Advocate appearing for respondent No.1, Mr.K.M.Antani, learned Assistant Government Pleader appearing for respondent Nos.2 and 3, Mr.Parth Bhatt, learned counsel appearing for respondent No.4 and Mr.Mihir Joshi, learned Senior Counsel appearing for respondent No.5. Perused the records.