Heidelberg Cement India Ltd. Vs. Union of India - Court Judgment

SooperKanoon Citationsooperkanoon.com/1045644
CourtMadhya Pradesh High Court
Decided OnMar-18-2013
AppellantHeidelberg Cement India Ltd.
RespondentUnion of India
Excerpt:
w.p.no.3611/2013 18.3.2013 shri kishore shrivastava, learned senior counsel with shri n.b.joshi, shri prem francis and shri kunal thakre, for the petitioner. shri r.s.siddique, learned assistant solicitor general for respondent no.1. shri v.s.shroti, learned senior counsel with shri vikram johri for respondents no.3 and 4. admit. issue notice to the respondents on payment of p.f.within one week returnable by 18.6.2013. we are of the prima facie view that there is an error in the note occurring in notification dated 13th december 2012. in that the word "with" used in the phrase "which were operating as on the 4th april, 2011 with requisite valid environmental clearance" ought to have been without for it to be comprehensible. hence, we consider it appropriate to stay the impugned order annexure p/12 dated 22.2.2013 and further direct that there shall be no coersive action against the petitioner. certified copy as per rules. (s.a.bobde) (rajendra menon) chief justice judge mrs.mishra
Judgment:

W.P.No.3611/2013 18.3.2013 Shri Kishore Shrivastava, learned Senior Counsel with Shri N.B.Joshi, Shri Prem Francis and Shri Kunal Thakre, for the petitioner.

Shri R.S.Siddique, learned Assistant Solicitor General for respondent No.1.

Shri V.S.Shroti, learned Senior Counsel with Shri Vikram Johri for respondents No.3 and 4.

Admit.

Issue notice to the respondents on payment of P.F.within one week returnable by 18.6.2013.

We are of the prima facie view that there is an error in the note occurring in Notification dated 13th December 2012.

In that the word "with" used in the phrase "which were operating as on the 4th April, 2011 with requisite valid environmental clearance" ought to have been without for it to be comprehensible.

Hence, we consider it appropriate to stay the impugned order Annexure P/12 dated 22.2.2013 and further direct that there shall be no coersive action against the petitioner.

Certified Copy as per rules.

(S.A.BOBDE) (RAJENDRA MENON) CHIEF JUSTICE JUDGE Mrs.mishra