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Bombay HC to MPCB: Conduct inspection to find if ready mix concrete plant operating beyond prescribed hrs

The plea claimed that the permissions for RMC plant in residential zone were given in violation of Development Control Regulations and pollution norms and is located near a school

MPCBThe petitioner also claimed that he had lodged several complaints being aggrieved by operation of RMC plant in the vicinity of his residence (Express Archive)

The Bombay High Court on Monday directed Maharashtra Pollution Control Board (MPCB) to carry out surprise inspection to ascertain if ready mix concrete (RMC) plant is being run at Bhendi Bazar area in south Mumbai beyond prescribed hours post 6 pm and asked police to provide suitable protection to the MPCB officials.

The HC was hearing a plea by a local resident Mohammed Sharif Zamirullah Khan challenging validity of consent deed dated March 14, 2022 issued in favour of contractor roped in by Saifee Burhani Upliftment Trust (SBUT) to establish the RMC plant.

The petitioner, through advocate Ronita Bhattacharya-Bector, claimed that though permission for the RMC plant was to expire on March 31, 2025, on inquiry made by the petitioner, he learnt that the permission was extended. The petition further stated that the RMC plant is being run beyond prescribed hours of 6 am to 6 pm.

The plea claimed that the permissions for RMC plant in residential zone were given in violation of Development Control Regulations (DCR) and pollution norms and is located near a school.

The petitioner also claimed that he had lodged several complaints being aggrieved by operation of RMC plant in the vicinity of his residence beyond permissible hours causing noise and air pollution in the vicinity, due to which his family members, including his 72-year-old bedridden mother and children, were facing difficulties.

A division bench of Chief Justice Alok Aradhe and Justice Makarand S Karnik was informed by advocate Jaya Bagwe for MPCB that its officers shall carry out surprise inspection to ascertain petitioner’s claims and they need police protection of the same.

“In view of the aforesaid submission, it is directed that in case the officers of the MPCB submit an application to Senior Inspector of Police, JJ Marg Police Station, seeking police assistance, the same shall be provided to enable the officers of the MPCB to carry out a surprise inspection to find out whether respondent is running the RMC Plant beyond prescribed time limit,” the HC noted in the order and posted the matter for further hearing on May 6.

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