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Bombay High CourtWP/11292/2019disposed off

Passco Environmental Solutions Pvt. Ltd v. The Central Pollution Control Board, Delhi And ANR

2023-12-04Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

Digitally signed by RUSHIKESH VISHNU PATIL Date:

2023.12.08 18:46:47 +0530 RUSHIKESH VISHNU PATIL R.V.Patil 1 26 WP.11292.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11292 OF 2019 Passco Environmental Solutions Pvt. Ltd.

...

Petitioner.

V/s.

The Central Pollution Control Board & Anr.

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Respondents.

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Mr. Tapan Thatte a/w Ms Namrata Awari for the Petitioner. Mr. C. M. Lokesh for Respondent No. 1.

Mr. Saurabh Pakale for Respondent No. 2.

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CORAM : NITIN JAMDAR, AND MANJUSHA DESHPANDE, JJ.

DATE : 4 December 2023.

P.C. :

The Petition is filed challenging the order dated 9 September 2019, which is passed under Section 5 of the Environment (Protection) Act, 1986. This Petition is filed on 9 October 2019 and has remained pending without any interim order. The learned Counsel for the Respondent- Board states that as against impugned order, appeal is provided to the National Green Tribunal under Section 16(g) of the National Green Tribunal Act,

R.V.Patil 2 26 WP.11292.2019.doc 2010. In light thereof, the Writ Petition is disposed of. If the Petitioner approaches the National Green Tribunal and if question of delay arises, it will be for the Tribunal to consider the aspect of delay as on merits. The contentions of the parties are kept open. (MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)