ACTING on a petition filed by Enviro Technology Ltd (ETL), a private company that owns and operates the Effluent Treatment Plant (ETP) in Ankleshwar GIDC estate, Justice D N Patel of Gujarat High Court has issued notices to Gujarat Pollution Control Board (GPCB), the Chief Information Commissioner (CIC) and environment activist Mahesh Pandya.
The ETL had moved a petition in the High Court challenging a January 22 order passed by State CIC RN Das pertaining to ETL’s denial of an audit report to environment activist Mahesh Pandya.
According to details, Pandya had approached the GPCB for information on the levels of pollution in Ankleshwar, Panoli and Zagadia industrial estates.
He had also asked for a copy of the Environment Audit Report (EAR) of Ankleshwar ETP.
The information had been sought under the RTI Act.
The GPCB Public Information Officer had provided information related to industrial pollution, but had denied the copy of the audit report.
He had based the refusal on the grounds that a third party’s (in this case the ETL) ‘business interests’ were involved. The GPCB information officer had held that the concerned agency (ETL) had advised against disclosure of the contents of the audit report.
Pandya had then referred the matter to GPCB member secretary and appellate authority.
The appellate authority had ruled that the report be given to Pandya under the RTI.
Following the appellate authority’s order, ETL had approached CIC, seeking a stay on the order.
But their appeal was dismissed on January 22.
The ETL then petitioned the Gujarat High Court for a stay on the January 22 order passed by the CIC.
They pleaded that the GPCB be directed not to comply with the order passed by the CIC.
They also pleaded that the CIC be directed to provide the petitioner an opportunity to be heard.
After hearing the contentions of the petitioner, the High Court has issued a notice against the GPCB, CIC and Pandya, making it returnable on February 9.