GUJ. HEAVY CHEMICALS LTD. Vs. COLLECTOR

JUDGEMENT

(1.) This Court notices that in both these petitions, the issue raised was with respect to cancellation of lease granted in favour of the petitioner Gujarat Heavy Chemicals by the Government for production of salt, which was necessary for sustaining the factory on Soda Ash. On December 15, 2005, this Court noticed the concern of the Government and also of the agricultural land owners of the surrounding areas that on account of breach of some of the conditions on which the lease was granted, the damage has been caused to the environment and the agricultural lands. Being conscious of the difficulties on both the sides and also bearing in mind the sensitivity of the situation for taking stock of the same, the names of the persons conversant with the environmental issues and their opinions were called for.

(2.) Thereafter, a detailed order dated December 28, 2005, came to be passed by this Court (Coram : Akil Kureshi, J.). Three names, which had been suggested by each group were accepted by the Court as they were given with consensus and a Committee was formed, which was particular tasks as reflected in paragraphs 5 and 6 of the said order, which read as under :

(3.) Pursuant to the said order dated December 20, 2005, the Committee submitted its interim report as is apparent from the order dated February 03, 2006. This Court (Coram : Jayant Patel, J.) vide order dated July 26, 2006, gave detailed directions and permitted the parties to move this Court for final hearing after complying with the said directions. It would be apt to regurgitate the relevant paragraphs of the said order, which read as under :