IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO. 2346 OF 2005 PETITION NO. 2346 OF 2005 PETITION NO. 2346 OF 2005 Reliance Energy Limited & Anr. ..Petitioners V/s. The Dahanu Taluka Environmental Protection Authority & 5 Ors. ..Respondents Mr. J.J. Bhatt i/by M/s. Mulla & Mulla for the Petitioners Mr. D.A. Nalawade for Respondent-State Ms. K. Anklesaria for Respondent No.6 CORAM CORAM CORAM : SHRI J.N.PATEL & : SHRI J.N.PATEL & : SHRI J.N.PATEL & SHRI SHRI SHRI K.K.TATED, JJ. K.K.TATED, JJ. K.K.TATED, JJ. DATE DATE DATE : 28th JULY, 2008. : 28th JULY, 2008. : 28th JULY, 2008. P.C.: . The Petitioner had approached this Court for seeking the following reliefs. (a) That this Hon’ble Court may be pleased to issue a Writ of Certiorari or a Writ in the nature of Certiorari or any other appropriate Writ, Order or Direction under Article 226 of the Constitution of India calling for the records of the case and after examining the validity and legality thereto, quash and set aside the impugned order dated 19th March, 2005 (EXH.-B) insofar as it relates to the direction directing the 1st Petitioner to give a Bank : 2 : Guarantee of Rs.300 crores and restricting the consent to operate of the 1st Petitioner’s DTPS to 30th April, 2005. (b) That the Petitioners submit that this Hon’ble Court may be pleased to issue a Writ of Mandamus or a Writ in the nature of Mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India.- (i) to withdraw and / or cancel and / or set aside the order dated 19th March, 2005 (Ex-B) insofar as it directs the 1st Petitioner to furnish a Bank Guarantee of Rs.300 crores. (ii) to withdraw and / or cancel and / or set aside the direction restricting the validity and of consent to operate to 30th April, 2005. The aforesaid is in-consonance with the rights and justice. (c) That in the alternative without prejudice to what is stated aforesaid, this Hon’ble Court may be pleased to issue a Writ of Mandamus or a Writ in the nature of Mandamus or any other appropriate Writ, Order or Direction : 3 : directing the 1st Respondent to withdraw and / or cancel and / or set aside its order dated 6th April 2005 (Ex-D hereto), rejecting the review of the 1st Petitioner and further directing the 1st Respondent to consider the review application on merits. (d) That pending the hearing and final disposal of the Petition the 1st Respondent, its officers, servants and agents be restrained by an order and injunction of this Hon’ble Court from- (i) Taking any penal or coercive steps against the 1st Petitioner for not furnishing the Bank Guarantee as directed by the Order dated 19th March, 2005 (Ex-B hereto). (ii) from implementing its direction requiring the 1st Petitioner to give the Bank Guarantee of Rs.300 crores. (iii) from restricting the validity of the consent to operate only upto 30th April, 2005. 2. We are informed that the plant of the Petitioner being monitored by a committee constituted by Central Government known as Respondent No.1 and also statutory : 4 : Body i.e. Respondent No.5. 3. In our opinion, nothing survives in this Petition. Therefore, it can be disposed off as infructuous. 4. In so far as the Respondent Nos.1,2, & 5 are concerned, we make it clear that the Respondents would continue to monitor the operation and function of the plant in question from the view point of complying with the norms and that their operation within the parameters provided as spelt out in the decision given by the Supreme Court in the case of Bittu Sehgal & Anr. Versus Bittu Sehgal & Anr. Versus Bittu Sehgal & Anr. Versus Union Union Union of India & Ors. reported in (2001) 9, 181. of India & Ors. reported in (2001) 9, 181. of India & Ors. reported in (2001) 9, 181. 5. The Bank Guarantee which was furnished by the Petitioner has already expired. We discharge the Petitioner from the Bank Guarantee and the Prothonotary and Senior Master is directed to return the documents to the Petitioner relating to the Bank Guarantee to the Petitioner. 6. With the aforesaid directions, this Petition is dismissed as infructuous. : 5 : (J.N. (J.N. (J.N. Patel, J.) Patel, J.) Patel, J.) (K.K. (K.K. (K.K. Tated, J.) Tated, J.) Tated, J.)