Narsingh Rajaram Choudhary v. Maharashtra Pollution Control Board Regional Office Kalyan And ORS

512-WP-6815-2018.DOC Jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6815 OF 2018 Narsingh Rajaram Choudhary ... Petitioner

Versus

Maharashtra Pollution Control Board and Ors.

... Respondents Mr. Pankaj V. Bandekar, for the Petitioner.

Mrs. R.A. Salunkhe, AGP for Respondent No.5.

CORAM:

A.S. OKA AND RIYAZ I. CHAGLA, JJ.

DATE:

26TH JUNE, 2018 PC:- 1.

Not on board. Taken on board.

2.

Heard the learned counsel appearing for the Petitioner and the learned AGP appearing for the Respondent No.5. A very limited prayer is made by the learned counsel appearing for the Petitioner. He is seeking protection preventing the Respondent No.1 from acting upon the impugned order / impugned notices for a period of one month to enable the Petitioner to move Appellate Authority and seek appropriate interim relief. The learned counsel appearing for the Petitioner states that Petitioner's undertaking in paragraph 11 may be accepted.

3.

In view of the undertaking, a limited protection deserves to be granted to the Petitioner.

4.

Accordingly, we pass following order:- 1/2

512-WP-6815-2018.DOC (i) Undertaking of the Petitioner in paragraph 11 of the Petition is accepted;

(ii) In view of the undertaking, we direct that no action of disconnection of water and electricity supply shall be taken on the basis of the impugned orders for a period of one month from today, so long as the Petitioner abides by the aforesaid undertaking;

(iii) We make it clear that the appeal which may be preferred by the Petitioner and application which may be preferred by the Petitioner for grant of interim relief will be decided by the Appellate Authority without being influenced by the limited protection granted by this Court;

(iv) No adjudication is made on legality and validity of the impugned orders. All contentions are kept open; (v) We also make it clear that notwithstanding this order, the application for grant of consent made by the Petitioner to Respondent No.1 will be decided in accordance with law as expeditiously as possible and in any event, within a period of six weeks from the date on which an authenticated copy of this order is produced in the office of Respondent No.1. ( RIYAZ I. CHAGLA J. ) ( A.S. OKA, J ) 2/2