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Judgment
Issue notice in the Contempt Petition, returnable on 4th June, 2008. Mr. Y.V. Nadkarni waives service on behalf of the respondents and he seeks time to file reply. The Contempt Petition to be heard along with Writ Petitions No.7/2005 85/2006, 239/2008, and connected misc. applications. On 6th February, 2008, a Division Bench of this Court, inter alia, passed the following Order :
Whatever decision the Board would take in the matter, will not be given effect to for a period of three weeks from the date of communication of the order in that regard to the petitioner and respondent herein.
Three weeks expired on 3rd May, 2008 and no orders were passed on 4th May, 2008. The matter was before this Court on 5th May, 2008. All parties were present. Time was taken by Mrs. Norma Alvares to look into the reply tendered on behalf of respondent Jain Udyog. The matter was, therefore, kept today. The parties were conscious of the dispute, and that is, whether the respondent Jain Udyog was entitled to start the sponge iron plant within about 50 metres of Kalay River. In fact, this Court had allowed the Pollution Control Board to consider granting consent, but to stay the order when passed for a period of 3 weeks. In these circumstances, it was not expected of respondent Jain Udyog to start operations, knowing that this Court was seized of the matter in Writ Petition No.239/08 and Misc. Civil Application No.328/2008 filed on 22/4/2008 i.e. well before the expiry of the period stipulated by the Court.
In the circumstances, we are prima facie of the view that at this stage, the respondents who have not operated the plant since 3rd December, 2007, shall not operate it until furthers of this Court. S.O. to 4th June, 2008.