IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT: SURAT

SPECIAL CIVIL APPLICATION NO. OF 2024

In the matter of Articles 14, 16 &

226 of the Constitution of India;

AND
In the matter of issue of writ of
Mandamus or direction against
the respondent Pollution Control
Board to decide the Application
for Consent to Establish the plant
of the Petitioner which is pending
before the Board since
27.05.2024

AND
In the matter between:

M/s. Siddhi Vinayak Enterprise Pvt. Ltd.,

Through it Director,
Shri Sandhya Devesh Rai,
Male, Aged ___ Years,
Located at Block No.443 Paikee,
Survey No.264/P,
Hazira, Tal. Choriasi,
District Surat,
Gujarat. … PETITIONER

Versus

1. State of Gujarat,
Through Chief Secretary,
1st Block 5th Floor,
New Secretariat,
Gandhinagar-382010

2. District Collector and District Magistrate,

Collectorate Office,
Surat- Dumas Road,
Athwalines,
 2

Dist. Surat- 395001

3. Gujarat Pollution Control Board

Through its chairman
Paryavaran Bhavan,
Sector 10-A
Gandhinagar- 382010. … RESPONDENTS

To,
The Hon’ble the Chief Justice and
other Hon’ble Companion Judges of
High Court of Gujarat at Ahmedabad

The humble petition of the

petitioner above named:

MOST RESPECTFULLY SHEWETH THAT:

1. The petitioner is a citizen of India, as such, he is

entitled to protection of fundamental rights,

enshrined in Part III of the Constitution of India

and the remedies available thereof.

2. The respondents are the authorities as defined

under Article 12 of the Constitution of India as

such they are amenable to writ jurisdiction

issued by this Hon’ble court, hence the present

petition against them is maintainable before this

Hon’ble Court.

3. This writ petition is being filed by the Petitioner

being aggrieved from the action not taken by

the Respondent No.03 i.e. Gujarat Pollution

Control Board (hereinafter referred as GPCB)

 3

upon the application for Consent to Establish the

plant of the Petitioner despite the fact that there

is a policy of the GPCB to decide the application

within 90 days of time. But despite several

reminders and request by Petitioner till date no

action has been taken by the Respondents.

Hence, this petition.

4. By way of this petition, the petitioner is praying

for issue of writ of mandamus or any other

appropriate writ, direction or order against the

respondents to decide the application of the

Petitioner pending since 27.05.2024 for consent

to Establish with in stipulated period of time so

that Petitioner may not face heavy and

irreparable loss.

5. Brief facts of the case which have given rise to

the present petition are as under: -

5.1 The petitioner is a registered company

having valid GST No. 248FKPR9656F1ZX

and engaged in the management and

operation of pyro-metallurgical slags

generated from Steel Industries. The

 4

Petitioner is engaged in this business since

2021 and was continuously managing the

slag generated by the steel Industries.

Petitioner purchase the slag generated in

pyro-metallurgical operations of steel and

iron from Arcelor Mittal Nippon Steel India

Ltd. (AM/NS) which is one the supreme

company of India. The Petitioner Company

process the unprocessed slag by crusher

machine and magnetic separation. Two

types of material generated through this

process out of which metallic material

consumes by steel melting industries and

non-metallic slag is being utilized in

blocks/bricks/tiles and/or aggregate in

construction of roads other than natural

sources. The process is being done by gas

cutting, crushing, magnetic separation/

segregation, screening and/or pulverization

of slag and does not require fuel, water,

harmful chemicals or any hazardous

material, however during the said process,

a little bit fugitive emission which though

nonhazardous waste. However, due to lack

 5

of knowledge and less education Petitioner

has not obtained CTE and CCA from GPCB.

5.2 The Petitioner was engaged in this business

since the year 2021 and use to participate

in an auction proceeding being held by

Arcelor Mittal Nippon Steel India Ltd.

(AM/NS) and used to purchase the slag as

per the highest bid offer and has never

received any notice from any department

since the year 2024.

5.3 That on 27.07.2023 one Public Interest

Litigation was filed before this Hon’ble

Court bearing Writ Petition (PIL) No. 79 of

2023 titled as “Kamleshbhai Manharbhai

Surti versus State of Gujarat” with a prayer

of stoppage of illegal activities such as

collection waste or chemical waste be

carried out on the Government land by the

private respondents. Wherein this Hon’ble

Court vide its order dated 09.08.2023 was

gracious enough to direct the District

Collector to file an affidavit with regards to

step taken by the authorities against such

 6

illegal activities. Copy of the order dated

09.08.2023 passed by this Hon’ble Court in

Writ Petition (PIL) No.79 of 2023 is annexed

herewith and marked as ANNEXURE-‘A’ to

this petition.

5.4 It is most respectfully submitted that in

compliance of the aforesaid order

authorities woke up from their deep

slumber and started taking action against

all the units who were engaged in

management and operation of slag without

having CTE and CCA from GPCB and on

29.02.2024 the inspection was carried out

by the Board members of GPCB and vide its

order dated 12.03.2024 the GPCB has

sealed the unit of the Petitioner. Copy of

the closure order dated 12.03.2024 passed

by GPCB is annexed herewith and marked

as ANNEXURE-‘B’ to this petition.

5.5 Being aggrieved by the aforesaid action

taken by the GPCB the Petitioner has

approached the Board and on 27.05.2024

the petitioner has applied for the CTE

 7

bearing Application No. 110062 which is

still pending whereas the guideline of GPCB

itself prescribes the maximum number of

days to process the entire procedure to

grant consent to establish is 90 days. Copy

of Application for Consent to Establish

dated 27.05.2024 and guideline of GPCB

are annexed herewith and marked as

ANNEXRUE-‘C’ (COLLY) to this petition.

5.6 It is pertinent to mention here that the Writ

Petition (PIL) No. 79 of 2023 was again

listed for hearing before this Court on

09.07.2024 wherein this Hon’ble Court was

gracious enough to grant liberty to units

closed by the GPCB to approach the GPCB

for taking necessary permissions. Despite

such liberty was granted and Petitioner has

already approached the GPCB to decide the

application for consent to establish, the

GPCB has not taken any action upon the

application of the petitioner. Copy of the

order dated 09.07.2024 passed by this

Hon’ble Court in Writ Petition (PIL) No. 79 of

 8

2023 is annexed herewith and marked as

ANNEXURE-‘D’ to this petition.

5.7 That on 21.08.2024 the Hazira slag

industrial units have written a joint

application to the GPCB for consideration

and disposal of their application. Copy of

the application dated 21.08.2024 is

annexed herewith and marked as

ANNEXURE-‘E’ to the present petition.

5.8 The Petitioner has personally visited the

office of GPCB several times and has made

request to decide its application for consent

to establish as the Petitioner company is

complying with all the norms and

regulations of the guidelines issued by

GBCB and CPCB but the application of the

Petitioner has not been decided till date.

6. The petitioner therefore, prefers the present

Special Civil Application under Article 226 of the

Constitution of India before this Hon'ble Court on

the following, amongst other grounds, which

may be advanced at the time of hearing:-

 9

GROUNDS

(a) The Petitioner is engaged in this business

since 2021 and was continuously managing

the slag generated by the steel Industries.

Petitioner purchase the slag generated in

pyro-metallurgical operations of steel and iron

from Arcelor Mittal Nippon Steel India Ltd.

(AM/NS) which is one the supreme company

of India. The Petitioner Company process the

unprocessed slag by crusher machine and

magnetic separation. Two types of material

generated through this process out of which

metallic material consumes by steel melting

industries and non-metallic slag is being

utilized in blocks/bricks/tiles and/or aggregate

in construction of roads other than natural

sources. The process is being done by gas

cutting, crushing, magnetic separation/

segregation, screening and/or pulverization of

slag and does not require fuel, water, harmful

chemicals or any hazardous material,

however during the said process, a little bit

fugitive emission which though nonhazardous

 10

waste. However, due to lack of knowledge

and less education Petitioner has not obtained

CTE and CCA from GPCB.

(b) The Petitioner was engaged in this business

since the year 2021 and use to participate in

an auction proceeding being held by Arcelor

Mittal Nippon Steel India Ltd. (AM/NS) and

used to purchase the slag as per the highest

bid offer and has never received any notice

from any department since the year 2024.

(c) That on 27.07.2023 one Public Interest

Litigation was filed before this Hon’ble Court

bearing Writ Petition (PIL) No. 79 of 2023

titled as “Kamleshbhai Manharbhai Surti

versus State of Gujarat” with a prayer of

stoppage of illegal activities such as collection

waste or chemical waste be carried out on the

Government land by the private respondents.

Wherein this Hon’ble Court vide its order

dated 09.08.2023 was gracious enough to

direct the District Collector to file an affidavit

with regards to step taken by the authorities

against such illegal activities.

 11

(d) That in compliance of the aforesaid order

authorities woke up from their deep slumber

and started taking action against all the units

who were engaged in management and

operation of slag without having CTE and CCA

from GPCB and on 29.02.2024 the inspection

was carried out by the Board members of

GPCB and vide its order dated 12.03.2024 the

GPCB has sealed the unit of the Petitioner.

(e) Being aggrieved by the aforesaid action taken

by the GPCB the Petitioner has approached

the Board and on 27.05.2024 the petitioner

has applied for the CTE bearing Application

No. 110062 which is still pending whereas the

guideline of GPCB itself prescribes the

maximum number of days to process the

entire procedure to grant consent to establish

is 90 days.

(f) That the Writ Petition (PIL) No. 79 of 2023

was again listed for hearing before this Court

on 09.07.2024 wherein this Hon’ble Court was

gracious enough to grant liberty to units

 12

closed by the GPCB to approach the GPCB for

taking necessary permissions. Despite such

liberty was granted and Petitioner has already

approached the GPCB to decide the

application for consent to establish, the GPCB

has not taken any action upon the application

of the petitioner

(g) More will be said and submitted at the time of

hearing of the present application.

7. That there is no other alternative remedy

available to the petitioner except to file writ

petition under Article 226 of the Constitution of

India before this Hon'ble Court. Thus, the

petitioner has no other alternative efficacious

remedy for the cause of action raised in the

present petition except this writ petition before

this Hon'ble High Court.

8. The petitioner craves leave to add, alter, delete,

amend or rescind any portion of the present

petition as and when necessary with the

permission of this Hon'ble High Court.

 13

9. The petitioner submits that he has not preferred

any petition before any Hon'ble Court including

the Hon'ble Supreme Court of India for the cause

of action as canvassed in this petition except

this petition before this Hon'ble Court.

10. In view of the aforesaid facts, contentions and

submissions, the petitioner most respectfully

prays to Your Lordships that:-

(A) Your Lordships may be pleased to allow this

Special Civil Application.

(B) Your Lordships may be pleased to issue writ

of mandamus or any other appropriate writ

order or direction against the respondent to

decide the application dated 27.05.2024 (at

Annexure-‘C’) filed by the Petitioner before

the GPCB.

(C) Your Lordships may be pleased to pass

such other and further order/s as may be

deemed, fit, just and proper in the interest

of justice.

And for this Act of Kindness and Justice, the

petitioner as in Duty Bound Shall Pray Forever.
 14

Place: Ahmedabad ( RAMAN YADAV )

Date: __/11/2024 Advocate for the Petitioner

AFFIDAVIT
I, Sandhya Devesh Rai, Director of the petitioner
company herein, do hereby solemnly affirm and
declare on oath as hereinafter:

1. That I have been read over the contents of the

present petition and made to understand it fully.

2. That since I am conversant with the facts of the

present case, therefore, I am competent to file
an affidavit before this Hon’ble Court.

3. That the averments made in para Nos.1 to 5 are

true and correct according to the best of my
knowledge and information, and belief and I
believe the same to be true and correct. Para
No.10 is the prayer clause. Para 6 contains the
legal submissions. Para 7 to 9 are the formal
paragraphs.

Whatever stated above is true and correct according

to the best of my knowledge and information.

Solemnly affirmed at Ahmedabad on oath on this

_____day of _______2024.

_________
DEPONENT
Identified by me

Advocate
 15

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT: SURAT

SPECIAL CIVIL APPLICATION NO. OF 2024

M/s. Siddhi Vinayak Enterprise

Pvt. Ltd. …. PETITIONER

Versus

State of Gujarat and others. …. RESPONDENTS

INDEX

ANN PARTICULARS PAGE

NOS NOS.
- MEMO OF PETITION.

‘A’ Copy of the order dated

09.08.2024 passed by this
Hon’ble Court in Writ Petition
(PIL) No. 79 of 2023
‘B’ Copy of the closure order dated
12.03.2024 passed by GPCB
‘C’ Copy of Application for Consent
to Establish dated 27.05.2024
and guideline of GPCB
‘D’ Copy of the order dated
09.07.2024 passed by this
Hon’ble Court in Writ Petition
(PIL) No. 79 of 2023
‘E’ Copy of the Application dated
21.08.2024 to the GPCB for
consideration and disposal of
their application.
 16

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT: SURAT

SPECIAL CIVIL APPLICATION NO. OF 2024

M/s. Siddhi Vinayak Enterprise

Pvt. Ltd. …. PETITIONER

Versus

State of Gujarat and others. …. RESPONDENTS

SYNOPSIS WITH LIST OF DATES AND EVENTS

The Petitioner files this writ petition, aggrieved by the

inaction of Respondent No. 03, the Gujarat Pollution
Control Board (GPCB), which has failed to act upon
the Petitioner’s application for Consent to Establish.
Under GPCB’s policy, such applications are to be
decided within a 90-day period. However, despite
multiple reminders and requests from the Petitioner,
no decision has been made to date, resulting in
significant hardship and hindrance to the Petitioner’s
lawful business operations.

The Petitioner has been engaged in the management

of slag generated by steel industries, specifically
purchasing unprocessed slag from Arcelor Mittal
Nippon Steel India Ltd. (AM/NS) and processing it for
use in steel melting and construction industries. Since
its inception in 2021, the Petitioner operated without
obtaining Consent to Establish (CTE) and Consent to
Operate (CCA) from the Gujarat Pollution Control
Board (GPCB) due to a lack of knowledge about
regulatory requirements. On 27.07.2023, a Public
Interest Litigation (PIL No. 79 of 2023) was filed in the
Hon'ble Court, seeking cessation of alleged illegal
waste collection activities on government land. In
response, the Court directed authorities to take
appropriate steps, leading the GPCB to inspect the
Petitioner's unit on 29.02.2024. Subsequently, on
12.03.2024, GPCB issued a closure order against the
Petitioner’s unit due to the absence of CTE and CCA
Thereafter, the Petitioner applied for CTE on
27.05.2024 (Application No. 110062), but GPCB has
 17

not processed the application within the 90-day

period mandated by its own guidelines. Despite an
order from the Hon'ble Court on 09.07.2024 allowing
units to approach GPCB for permissions, GPCB has
not responded to the Petitioner’s multiple requests.
On 21.08.2024, the Petitioner, along with other
affected units, submitted a joint application to GPCB,
requesting prompt disposal of pending applications,
but no action has been taken.

LIST OF DATES AND EVENTS

2021 The Petitioner, a registered company,

begins operations in the management
and processing of pyro-metallurgical
slag generated from steel industries,
sourcing slag from Arcelor Mittal Nippon
Steel India Ltd. (AM/NS).

27.07.2023 A Public Interest Litigation (PIL), Writ

Petition (PIL) No. 79 of 2023 titled
"Kamleshbhai Manharbhai Surti versus
State of Gujarat," is filed in the Hon'ble
Court, seeking the cessation of alleged
illegal waste collection activities on
government land by private parties.

09.08.2023 - The Hon'ble Court directs the District

Collector to submit an affidavit detailing
actions taken by authorities against
such illegal activity, per its order in PIL
No. 79 of 2023.

29.02.2024 - In compliance with the Court's order,

GPCB Board members conduct an
inspection of the Petitioner’s unit due to
the absence of CTE and CCA approvals.

12.03.2024 - The GPCB issues a closure order and

seals the Petitioner's unit, citing the
absence of required consents.

27.05.2024 - The Petitioner submits an application

for Consent to Establish (CTE) with
Application No. 110062, which remains
pending beyond the GPCB guideline of
 18

90 days for processing such

applications.

09.07.2024 During the hearing of PIL No. 79 of

2023, the Hon'ble Court grants liberty
to closed units, including the Petitioner,
to approach the GPCB for necessary
permissions. The Petitioner has already
applied for CTE but receives no
response from GPCB.
Post-
9.7.2024 : The Petitioner visits the GPCB office
and requests a decision on its CTE
application, asserting compliance with
all GPCB and CPCB guidelines, yet no
action is taken by the GPCB.

21.08.2024 The Hazira slag industrial units have

written a joint application to the GPCB
for consideration and disposal of their
application.

2024 Hence the present Special Civil

Application.

x-x-x-x-x