LAWS(GJH)-2016-8-176

GOENKA RESEARCH INSTITUTION OF DENTAL SCIENCE AND GOENKA HOSPITAL & 8 Vs. CHANDRAVADAN ARVINDLAL SHAH & 1

Decided On August 24, 2016
Goenka Research Institution Of Dental Science And Goenka Hospital And 8 Appellant
V/S
Chandravadan Arvindlal Shah And 1 Respondents

JUDGEMENT

(1.) This Application is preferred by the applicantsoriginal accused of Criminal Case No. 7365 of 2011 pending before the learned Senior Civil Judge & Judicial Magistrate, First Class, Gandhinagar dated 11th March 2011, under Section 482 of the Code of Criminal Procedure, 1973 ["CrPC" for brevity] for quashment of the impugned complaint lodged by the respondent no.1- authorized officer of Gujarat Pollution Control Board ["Board" for short] for breach of the Environment Impact Assessment [EIA] Notification-2006, and for breach of provisions of Sections 15 & 19 of the Environment [Protection] Act, 1986 ["the Act" for brevity]. The petitioner no.1 is Goenka Research Institution of Dental Science & Goenka Hospitals [hereinafter referred to as, "the Institution"], and whereas, the petitioner nos. 2 to 8 are its Director and the petitioner no. 9 is an Administrative Officer in the petitioner no.1-Institute.

(2.) At the outset, learned advocate Ms. Kruti Shah appearing for the petitioners does not press this Application qua petitioners nos. 1, 3 & 9.

(3.) Heard learned advocate Ms. Kruti M. Shah appearing for the petitioners; Mr. Vaibhav A. Vyas, learned advocate for the respondent no.1 and learned APP Ms. Moxa Thakker for the respondent no.2-State.