At, National Green Tribunal Western Zone Pune
By, THE HONORABLE JUSTICE: V.R. KINGAONKAR
By, J. (MEMBER (J)) AND THE HONORABLE JUSTICE: DR. AJAY A. DESHPANDE
For Petitioner: F.M. Mesquita, Advocate
1. M/s. ENDURANCE TECHNOLOGY PVT. LTD. has submitted this Misc. Application, seeking rectification in paragraph 30 of the Judgment delivered in Application No. 11(THC)/2013, on 24th September, 2014, to the extent that the MPCB has already given hearing to the said Industry with regard to the closure order issued by the MPCB, for consideration of re-start based on the report of the local officials. In the said paragraph of the Judgment, learned Member Secretary of the MPCB, has been directed to ensure that all the pollution control systems are in place and are capable of meeting the standards at all times and any other safeguards which he will like to rely upon, including independent Expert appraisal, before considering such re-start.
2. Considering above, the sentence in paragraph 30, reading "The industry has also filed M.A. No. 145/2014 in connection with such closure with a prayer to direct MPCB to give hearing before restart" Should be read as "The industry has also filed MA No. 145/2014, with a prayer to direct the MPCB to take decision on the Application of the Applicant for revocation of closure directions at the earliest, on the basis of merit of the matter".
3. Considering the above specific directions, we do not find any necessity to rectify the operative part of the Judgment. However, considering the fact that hearing has already been extended to the said Industry on 19.8.2014, by the Member Secretary, as mentioned by the Applicant-Industry, and also by MPCB in its affidavit dated 2nd September, 2014, we expect that the learned Member Secretary will expedite decision making, and take a decision on the r
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equest of the Industry for re-start, in any case, not later than two (2) weeks from today. The Miscellaneous Application No. 155/2014, is accordingly disposed of.