NEW GIDC HOUSING ASSOCIATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) New G.I.D.C. Housing association (hereinafter referred to as "the Association") situated at Odhav GIDC made a complaint to the authorities about noise pollution caused by Maha Gujarat Iron & Steel Co. Ltd. ("the unit", for brevity) When the said complaint failed to evoke response as desired by the Association, they wrote a letter to this Court requesting to treat the letter as a public interest litigation and to initiate action against the erring unit and apathetic officials. This Court, thereupon took cognizance and issued a suo motu notice to the State GPCB, Odhav Industries Association and the unit.

(2.) Gujarat Industrial Development Corporation (G.I.D.C.) has promoted and developed a housing scheme at Odhav GIDC, for low income group, especially for those who are working in GIDC Industrial Estate. It is, thus, an admitted position that the residents of the Association are residing within an industrial estate. Mr. Rawal, learned Assistant Government Pleader is not in a position to state before the Court whether the State has granted permission to construct and to occupy the said premise for residential purposes. According to his submission, it is for the GIDC to take permission of the appropriate authority. Suffice it to say that when the matter is taken up for hearing by the Court, neither the GIDC nor the State is able to state about the permission and it appears that they have not investigated the matter so as to place before the Court as to whether any permission of the appropriate authority has been obtained and/or who is responsible for permitting a residential scheme in an industrial area.

(3.) Learned Counsel Mr. B. R. Shah submitted that the unit was established in the year 1969. It is an admitted position that before the housing scheme of the Association came into existence, the unit was established. Mr. Shah submitted that in the industrial area, there are several industrial units, small and big, and on account of use of machinery, etc. noise is likely to be created.