Vvf ( India) Pvt. Ltd. v. The Regional Officer- Navi Mumbai And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12822 of 2018 VVF (India) Pvt. Ltd.

...

Petitioner V/s.

The Regional Officer-Navi Mumbai Maharashtra Pollution Control Board & ors.

...

Respondents Mr. Kiran Bapat a/w. advocate Pralhad D. Paranjape a/w. advocate Manish Kelkar for the petitioners.

Mr.A.L.Patki for respondents 1 & 2.

CORAM :

NARESH H. PATIL, C.J.

& G.S. KULKARNI, J.

2nd November, 2018.

P.C.

The petitioner challenges the order dated 29th October, 2018 passed by Maharashtra Pollution Control Board. The learned Counsel appearing for petitioners submits that principles of natural justice are not followed. There are more than 2500 employees working with the Industry.

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The learned Counsel appearing for respondents submits that order was passed on 29th October, 2018 and it has been already served. It is submitted that there is alternate statutory remedy available to the petitioner to approach the National Green Tribunal under Section 16 of the National Green Tribunal Act, 2010. 3.

We have perused the impugned order annexed at Exhibit 'F' of the petition. We find that the impugned order is based on the Apex Court judgment dated 22nd February, 2017 being Writ Petition (c) No.375/2012 and order passed by the National Green Tribunal, Principal Bench dated 17th August, 2018 in Original Application No.125/2017. The impugned order also refer to the activities carried out by the petitioners.

4.

The issues as raised can be canvassed before the Tribunal. In the facts, we are not convinced to grant any ad-interim relief.

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Keeping all issues open, the Writ Petition stands disposed of. G.S.KULKARNI, J CHIEF JUSTICE L.S. Panjwani, P.S.