Allowed

Gulshan Kukkutpalan Sahkari Sanstha Ltd., through Its President and Another v. State of Maharashtra, through the Secretary and 5 Others

Bombay HC10 Sept 2012WP/716/2011

Case brief

AI extract

What is this about?

The High Court allowed petitioners to withdraw Writ Petition No. 716/2011 with liberty to file an Appeal before the Appellate Authority within three weeks, while continuing interim relief for six weeks.

What did the court decide?

Permission to withdraw Writ Petition with liberty to file Appeal within three weeks; interim relief continued for six weeks.

Gulshan Kukkutpalan Sahkari Sanstha Ltd., through… — Environment and Pollution | Bombay HC (2012)

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100912wpno.716.11. 1

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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Writ Petition No. 716/2011

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Gulshan Kukkutpalan Sahkari Sanstha Ltd., and another vs. State of Maharashtra, Department of Cooperation and Textiles, Mantralaya Mumbai 32, through the Secretary and others.

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Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

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Court's or Judge's Orders.

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Mr. M.V.Samarth, Advocate for petitioners. Mr. N.W.Sambre, G.P. For R-1 and 2. Mr. S.M.Bhagde, Adv. For R-3 to 5. Mr. A.M.Gedam, Adv. For R-6. Mr. S.S.Sanyal, Adv. For R-7.

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CORAM : SMT. VASANTI A. NAIK &

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S.P.DESHMUKH, JJ. DATE : 10.9.2012

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In view of the alternate efficacious remedy available

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to the petitioners to challenge the impugned order passed by the Maharashtra Pollution Control Board under Section 28 of the Water (Prevention and Control of Pollution) Act, 1974 and under Section 31 of the Air (Prevention and Control of Pollution) Act, 1981, the petitioners seek permission to withdraw the Writ Petition with liberty to file an Appeal before

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100912wpno.716.11. 2

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the Appellate Authority.

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The learned counsel for the petitioners states that an Appeal would be filed within a period of three weeks and this Court may continue the interim relief granted by an order dated 11th February, 2011 till then.

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The petitioners are permitted to withdraw the Writ Petition. So also, the petitioners are granted liberty to file an Appeal before the Appellate Authority within a period of three weeks. The Appellate Authority should not be influenced by the order of the State Human Rights Commission dated 23.8.2010 and should independently decide the appeal without considering the said order. Ad interim relief granted by this Court on 11.2.2011 would continue for a period of six weeks. The issues raised in the petition are kept open. Writ petition is disposed of with no order as to costs.

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JUDGE JUDGE

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patle

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100912wpno.716.11. 3

Gulshan Kukkutpalan Sahkari Sanstha Ltd., through Its President and Another v. State of Maharashtra, through the Secretary and 5 Others

Case brief

What is this about?

What did the court decide?

Gulshan Kukkutpalan Sahkari Sanstha Ltd., through Its President and Another v. State of Maharashtra, through the Secretary and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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