TEXTILE PROCESSORS' ASSOCIATION, THROUGH ITS JT. SECRETARY MR. NITIN THAKKAR versus THE CHIEF SECRETARY, STATE OF GUJARAT AND ORS.

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

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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

  1. 1 Whether industries required to pay 1% of gross turnover despite running in losses and not directly causing pollution to identified villages
  2. 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