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Gujarat High Court · body

2017 DIGILAW 1657 (GUJ)

Chaudhry and Sons (Forging) Pvt. Ltd. v. Dy. Commissioner of Customs

2017-09-18

A.G.URAIZEE, S.R.BRAHMBHATT

body2017
ORDER : S.R BRAHMBHATT, J. 1. Shri Prabhav Mehta, learned advocate for the petitioner places on record additional affidavit with a copy thereof to the counsels for the other parties. 2. He urged that let there be a direction to the custom authorities, respondent no. 1 and Gujarat Pollution Control Board, respondent no. 3 to decide the application of the petitioner for dismantling the vessel and breaking of “M.V Infinity” at a place where it is drifted and stationed or at any other place that may be suggested by the authorities i.e custom authorities, Gujarat Pollution Control Board, and Gujarat Maritime Board deems fit and the Gujarat Maritime Board be directed to decide the application for beaching and breaking the said vessel once the clearance from custom authorities, respondent no. 1 and Gujarat Pollution Control Board, respondent no. 3 is obtained and submitted to Gujarat Maritime Board. 3. Ms. Avani Mehta, learned counsel for respondent no. 1 and Mr. Umang Vyas, learned advocate for Mr. Viral K Shah, learned advocate for respondent no. 3 have submitted that there cannot be any objection in deciding the matter and passing appropriate orders on the application which may be filed by the petitioner. Shri Harsh V. Gajjar, learned advocate appearing for Shri P.R Nanavati, learned advocate for respondent no. 2-Gujarat Maritime Board, under the instructions of Mr. Nanavati submits that once due clearance from the custom authorities as well as Gujarat Pollution Control Board is submitted, the request will be processed within a period of five days thereafter in accordance with the regulations of Gujarat Maritime Board and on payment of appropriate charges. 4. In view thereof, we are of the view that the petitioner shall be given liberty to approach respondent no. 1 and respondent no. 3 with an appropriate application in a prescribed format, if any, for seeking requisite permission and clearance and respondent no. 1 and 3 are hereby directed to decide the same in accordance with law as expeditiously as possible and within a period of 15 days from the date of receipt thereof. 5. If the petitioner is getting the clearance from the respondents no. 1 and 3, the petitioner may approach respondent no. 2 for necessary permission in accordance with rules and regulations and provisions of law and in that eventuality respondent no. 5. If the petitioner is getting the clearance from the respondents no. 1 and 3, the petitioner may approach respondent no. 2 for necessary permission in accordance with rules and regulations and provisions of law and in that eventuality respondent no. 2 shall decide the same within a period of five days from the date of receipt of the request/application. 6. In view of the aforesaid observations and directions, Mr. Prabhav Mehta, learned advocate for petitioner seeks permission to withdraw the present petition with a liberty to approach this court again in case of difficulty. Permission as prayed for is granted. Petition stands disposed of with the liberty aforesaid. Notice is discharged. 7. Direct Service is permitted today.