M/S ENVIRO TECHNOLOGY LIMITEDversusSTATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA), GUJARAT
- Disposal
- DISPOSED AS INFRUCTUOUS
- Bench
- HEMANT M PRACHCHHAK
Holding
The petition was deemed infructuous and disposed of, with the stay vacated and no merits considered.
Summary
M/s Enviro Technology Ltd and another filed a special civil application seeking to vacate a stay imposed under an Environment Clearance certificate dated 30‑10‑2018. The respondent, SEIAA Gujarat, submitted that the specific condition (A.1.3) in the certificate had been deleted and an affidavit confirming this was filed, rendering the petition moot. The High Court held that the petition had become infructuous and ordered its disposal, vacating any interim relief. The court noted that it had not examined the merits of the case. Consequently, the connected civil application for vacating the stay was also dismissed as it no longer survived.
Issues considered
- What is the effect on a petition seeking to vacate a stay when the underlying condition prompting the stay has been deleted?
- Whether the court should entertain the merits of the petition after it becomes infructuous
Subjects
Judgment
C/SCA/2129/2026 ORDER DATED: 06/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2129 of 2026
With
CIVIL APPLICATION (FOR VACATING STAY) NO. 1 of 2026
In R/SPECIAL CIVIL APPLICATION NO. 2129 of 2026
================================================================
M/S ENVIRO TECHNOLOGY LIMITED & ANR.
Versus
STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA),
GUJARAT & ORS.
================================================================
Appearance:
PARITOSH R GUPTA(7583) for the Petitioner(s) No. 1,2
MR ABHISHEK M MEHTA(3469) for the Respondent(s) No. 3
MR HIMANSHU C DESAI(6832) for the Respondent(s) No. 2
NANAVATI & CO.(7105) for the Respondent(s) No. 1
================================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 06/05/2026
ORDER
1. When the matter is taken up for hearing, learned counsel Mr.
Maulik Nanavati, appearing on behalf of the respondent No.1, has
submitted that the grievance raised in the present petition does not
survive any longer, as the Condition No.A.1.3, contained in the
Environment Clearance certificate dated 30.10.2018, is deleted and
affidavit-in-reply is also filed to that effect and therefore, the present
petition has become infructuous.
2. In view of above, present petition stands disposed of as having
become infructuous. Notice is discharged. Interim relief, if any, stands
vacated forthwith.
3. It is open for the respondent No.1 to issue fresh certificate, after
completing formalities as laid down in the statute.
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C/SCA/2129/2026 ORDER DATED: 06/05/2026
4. It is, however, observed that this Court has not entered into the
merits of the matter.
5. In view of the disposal of the main matter, the connected civil
application does not survive and stands disposed of accordingly.
(HEMANT M. PRACHCHHAK,J)
Dolly
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 07/05/2026 14:39:40
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