M/S Eurocoustics Products Ltd v. Pollution Control Board And ANR

910-WP-14629-2022 Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14629 OF 2022 M/s. Eurocoustics Products Ltd.

.. Petitioner Vs.

Pollution Control Board & Anr.

.. Respondents Mr. Amir Arsiwala a/w Ms. Gayatri Mohite, Ms. Nupur Shah i/by The Law Point for petitioner.

Mr. Hiten Venegavkar a/w Mr. Aayush Kedia for respondents. CORAM: S. V. GANGAPURWALA, ACTING CJ. & SANDEEP V. MARNE, J.

DATE:

FEBRUARY 3, 2023 P.C.:

1.

The petitioner had applied for renewal of license. Two of the applications are rejected on the ground that lease agreement for the land has already expired and one application is rejected on the ground that consent to establish and/or consent to operate was never granted by the PCC.

2.

The learned counsel for the petitioner submits that the interim order is passed by this Court in Writ Petition No. 3312 of 2017, thereby interim relief is granted protecting the possession of the petitioner and the said interim relief is now continued. This fact of continuation of interim relief granting protection to the petitioner is not disputed as on today by the learned counsel for the respondents.

3.

It is submitted that the affidavit is also filed stating that consent to establish and/or consent to operate exists.

910-WP-14629-2022 4.

In view of that, the applications for renewal will be reconsidered by the Pollution Control Committee (Respondent No.1). 5.

In light of the above, the impugned orders/communications are quashed and set aside and the parties are relegated before the Pollution Control Committee (Respondent No.1), DD & DNH for decision on the applications for renewal of license afresh. 6.

The parties may appear before the authority on Wednesday, 8th February, 2023 at 11.00 a.m. The authority shall take decision on the applications of the petitioners within four weeks. 7.

The writ petition stands disposed of. No costs. (SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE) Digitally signed by PRAVIN DASHARATH PANDIT Date:

2023.02.04 10:34:53 +0530 PRAVIN DASHARATH PANDIT