MANGAL MURJI GHADAVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition in the nature of Public Interest Litigation, has been filed by the petitioner claiming following reliefs :

(2.) We have heard Mr.Mehul Sharad Shah, learned advocate for the petitioner, Mr.Utkarsh Sharma, learned Assistant Government Pleader for respondents Nos.1 and 2, Mr.Biren A Vaishnav, learned advocate for the respondent No.3 and Mr.Mihir Thakore, learned Senior Advocate assisted by Mr.Sandip Singhi, learned advocate for Singhi & Company, learned advocate for respondent No.4.

(3.) During the course of hearing, learned advocate for the respective parties taken us to the material available on record. Material available on record clearly indicates that grievances, precisely raised by the present petitioner are concerning the environmental issue, arisen due to the alleged actions undertaken by respondent No.4. After having received the environmental clearance certificate, respondent No.4 Company has constructed a channel in the year 2009. Respondent No.4 ­ Company is using sea water for its power plant through intake channel which is not constructed but it is in a raw form and natural form. According to the petitioner, it should be a permanent pakka channel made of cement. This amounts to challenging the Environmental Clearance Certificate granted to respondent No.4.