CR.RA/276/1990 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL REVISION APPLICATION No. 276 of 1990 With CRIMINAL REVISION APPLICATION No. 281 of 1990 With CRIMINAL REVISION APPLICATION No. 282 of 1990 With CRIMINAL REVISION APPLICATION No. 284 of 1990 With CRIMINAL REVISION APPLICATION No. 285 of 1990 For Approval and Signature: HONOURABLE MR.JUSTICE R.P.DHOLAKIA ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= GUJARAT WATER POLLUTION CONTROL BOARD - Applicant(s) Versus M/S.SPAN CHEMICALS & 4 - Respondent(s) ========================================================= Appearance : MR KH BAXI for Applicant(s) : 1, None for Respondent(s) : 1 - 3. MR ADIL MIRZA FOR MR RR MARSHALL for Respondent(s) : 4, MR HL JANI, APP for Respondent(s) : 5, ========================================================= CORAM : HONOURABLE MR.JUSTICE R.P.DHOLAKIA Date : 20/06/2008 COMMON ORAL JUDGMENT CR.RA/276/1990 2/4 JUDGMENT 1.Heard learned counsel for the petitioner, Mr.K.H.Baxi, learned counsel, Ms.Vasuben J.Brahmbhatt for Ms.V.P.Shah for the respondent Nos.1 to 3, learned counsel, Mr.Adin Mirza for Mr.R.R.Marshal for the respondent No.4 and learned APP, Mr.H.L.Jani for the respondent No.5-State. 2.As common questions of facts and law are involved in all these matters, at the joint request and with the consent of the learned counsel for the respective parties, all these matters are heard together and are being decided by this common judgment. 3.During the course of arguments, my attention was drawn towards the fact that the learned Sessions Judge, Surat, has modified the order passed by the learned Magistrate by way of giving different directions to the petitioner Board. Since the said order did not suit to the Board, the Board had challenged the same by a group of Criminal Revision Applications. Out of the said group, some matters have been placed in the Court of my brother Judge (Coram: K.J.Vaidya,J., as His Lordship then was) whereas some matters of the same group were left out as the same were not traceable in the Registry. It appears that the group of matters which CR.RA/276/1990 3/4 JUDGMENT were placed in that Court were disposed of on merits vide common order dated 29-4- 1993. The said decision has been reported in 1992(3) GLR page 1368. 4.Reliance has been placed by the learned counsel for the respective parties on the said judgment mainly on the ground that the point involved in the present group of matters is squarely covered by the aforesaid reported judgment and since the present group of matters which has been left out at that relevant point of time forms part and parcel of the said group of matters which has been disposed of by the said Court, it is requested that this group also be disposed of on the same terms and conditions. 5.I have gone through the said reported judgment and I am of the opinion that the present group of matters forms part and parcel of the said group of matters which has been disposed of vide the aforesaid reported judgment by a common order on 29- 4-1993. 6.In view of the above, the present Criminal Revision Applications succeed and are allowed. The impugned judgment and order passed by the learned Sessions Judge, Surat, is hereby quashed and set aside. The order passed by the learned Magistrate CR.RA/276/1990 4/4 JUDGMENT is hereby confirmed. However, this Court of its own, suspends the operation, implementation and enforcement of this judgment for a period of one month from today. Rule is made absolute in each application. 7.Office to place a copy of this order in each of these matters. (R.P.DHOLAKIA,J) radhan/