This is an archive article published on October 19, 2023
HC sets aside pollution board’s closure order for Rohit Pawar-controlled factory’s Pune unit
The court says several errors had crept into the closure order because of the ‘expeditiousness of decision-making’ and failure to duly consider the firm's reply.
Rohit Pawar, the MLA from the Sharad Pawar-led party, claimed the board’s decision was arbitrarily taken under political influence.
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HC sets aside pollution board’s closure order for Rohit Pawar-controlled factory’s Pune unit
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In a relief to Baramati Agro Ltd, a firm controlled by NCP MLA Rohit Pawar as its CEO, the Bombay High Court on Thursday set aside the closure order issued by the Maharashtra Pollution Control Board for its unit in Pune and asked the board to decide the matter afresh.
A bench of Justices Nitin M Jamdar and Manjusha A Deshpande held that the board, while issuing the closure order, had acted in haste and overlooked important factors including the firm’s reply to the showcause notice, the enforcement policy and the principle of proportionality.
The court said the board had to consider aspects such as the extent of violations, degree of environmental threats, the option of setting aside compliance timelines and the possibility of alternative deterrent measures.
“Neither the impugned order nor the reply affidavit shows that a considered decision-making process was adopted before taking the decision. Therefore, it is necessary to remand this matter to the Board for decision afresh after taking into account the observations made in this judgment and after evaluation of the remedial actions taken by the petitioner,” the bench said.
Rohit Pawar, the MLA from the Sharad Pawar-led party, claimed the board’s decision was arbitrarily taken under political influence. The board’s order, issued on September 27 and served the next day, sought closure of the unit within 72 hours. On September 29, the bench extended the direction in the board’s order and continued it from time to time. The board, however, submitted that the sugar factory had violated norms and continued to cause environmental damage.
Granting temporary relief, the bench had extended the effect of the closure order till Thursday.
The court observed that “several errors crept in the impugned order” primarily because of the “expeditiousness of the decision-making process and the failure to duly consider the petitioner’s reply to the showcause notice”. It observed the “stringent” order was “primarily based on a single inspection report and the breaches” and that the board failed to establish the firm had a history of “recalcitrance”.
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“The petitioner is stated to have undertaken several corrective measures that would require scrutiny by the board. According to us, the proper course of action is to set aside the impugned order restoring the proceeding from the stage of the showcause notice dated September 4, 2023, and direct the board to take a fresh decision after giving an opportunity to the petitioner and setting up a timetable for the disposal of the said proceeding. In the facts and circumstances, the board should pass a reasoned order,” the bench held.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
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