M/S N K Food Products Through Najmi ... vs State Of Gujarat

(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)

1. Heard Mr. Pritesh Khambholja, learned advocate for the petitioner, Ms. Manisha L. Shah, learned Senior Advocate assisted by Mr.Chintan Dave, learned advocate for respondent no.2 on advance copy and Mr. Tirthraj Pandya, learned AGP for respondent no.1.

2. By this petition under Article 226 of the Constitution of India, the petitioner has challenged the notice dated 15.07.2020 and 31.07.2020 issued by GPCB pursuant to the order dated 14.01.2020 passed by the NGT, Principal Bench, New Delhi in Original Application No. 816 of 2019.

3. Mr. Khambholja, learned advocate appearing for the petitioner submitted that at least opportunity of hearing needs to be given by the GPCB.

C/SCA/10036/2020 ORDER

4. Ms. Shah, learned senior advocate appearing for the GPCB states that opportunity of being heard shall be given to the petitioner before deciding the show-cause notices .

5. In view of the statement made by Ms. Shah, the authority of respondent GPCB shall give an opportunity of being heard to the petitioner before deciding the show-cause notices impugned in this petition. The authority of the GPCB shall pass appropriate order in accordance with law. Such exercise shall be done by the authority as expeditiously as possible. It is clarified that this Court has not expressed any opinion of merits on the show-cause notices and the authority shall take independent decision in accordance with law.

6. The petition is disposed of accordingly.

(R.M.CHHAYA, J) (ILESH J. VORA,J) DRASHTI K. SHUKLA Page 2 of 2 Downloaded on : Fri Aug 28 02:51:58 IST 2020