TEXTILE PROCESSORS' ASSOCIATION, THROUGH ITS JT. SECRETARY MR. NITIN THAKKAR versus THE CHIEF SECRETARY, STATE OF GUJARAT AND ORS.
The Supreme Court declined to exercise its jurisdiction under Article 136, holding that the grievance of industries regarding the payment order should be addressed by the High Court, granting liberty to file review applications.
- Parties
- Petitioner: Textile Processors' Association, through its Jt. Secretary Mr. Nitin Thakkar; Respondents: The Chief Secretary, State of Gujarat and Ors.
- Jurisdiction
- India
- Judgment Date
- 04 January 1996
- Procedural Posture
- Special Leave Petition (civil) / Disposition of Special Leave Petition
- Outcome
- Petition disposed of
- Legal Topics
- Industrial Pollution, Special Leave Jurisdiction
Case Brief
Summary, issues, holding and outcome
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Parties
Textile Processors' Association, through its Jt. Secretary Mr. Nitin Thakkar
Petitioner
The Chief Secretary, State of Gujarat and Ors.
Respondents
Procedural Posture
Special Leave Petition (civil) / Disposition of Special Leave Petition
Legal Issues
- 1 Whether industries required to pay 1% of gross turnover despite running in losses and not directly causing pollution to identified villages
- 2 Whether the Supreme Court should exercise special leave jurisdiction under Article 136 in light of High Court's findings
Ratio Decidendi
The Supreme Court declined to exercise its jurisdiction under Article 136, holding that the grievance of industries regarding the payment order should be addressed by the High Court, granting liberty to file review applications.
Court Disposition
Petition disposed of
Orders
- Liberty granted to affected industries to file review applications before the High Court
- High Court to consider applications and dispose them as appropriate
Full Case Text
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