The Bombay High Court in the case observed and has granted the temporary relief to NCP MLA Rohit Pawar and has directed the Maharashtra Pollution Control Board to not effect till October 6, a closure order which is being issued against Baramati Agro Ltd, a firm controlled by him.
The court observed that the MPCB order is issued and is served early wherein seeking closure of the unit within 72 hours. Thus, the order has been challenged by Baramati Agro on the ground that the decision of the board was passed under the political influence to pressurize Rohit as being the part of the Sharad Pawar’s party.
The bench comprising of Justice Nitin Jamdar and Justice Manjusha Deshpande was hearing the present matter.
In the present case, another FIR was being registered against the sugar organisation for disobeying directions which is issued by the government official under provisions of the Water, the Prevention And Control Of Pollution and the Air, Prevention And Control Of Pollution Act.
The Bombay High Court in the case observed and has stayed further proceedings on FIR. Thus, it has been claimed by the firm that the FIR was based on BJP MLC Ram Shinde’s complaint who had lost to Rohit Pawar in the 2019 Assembly elections.
In the present plea, the firm stated that it was granted environmental clearance in 2022. But it has been found by MPCB some irregularities during its inspection at the Pune unit and passed the closure order.
The counsel appearing for the firm submitted before the court that the order was without application of mind and without supporting reasons.
Further, it has been claimed that the decision of the MPCB’s violated Article 19 (1) (g) of the Constitution of India.
It being the contention of them that the MPCB’s regional officer failed to asses if there was any environmental damage, considering the Act in its true spirit.
Therefore, it has also been stated before the court that the MPCB failed to see that the firm had started its unit in 2007-08 but no environmental damage was reported, thus, no show cause notice was issued.
The petition moved stated that Rs. 218 crore was already invested for expansion of the distillery, and the closure would have serious consequences on revenue and closing the unit would result in stoppage of electricity and water supply to the sugar factory causing irreparable damage.
Further, the firm seek to quash and set aside the board’s order and sought a stay in the interim.
Accordingly, the court listed the matter for further consideration on October 06, 2023.
