Mr Santosh Bhikaji Ohwal v. The State Of Maharashtra Through Principal Secretary Environment Dept. And ORS.

1 9 WP 2430-2019.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2430 OF 2019.

Mr.Santosh Bhikaji Ohwal .. Petitioner Vs The State of Maharashtra and another .. Respondents Mr.Mohan Rawal i/b Sadhana Kumar, for the Petitioner. Mr.M.M.Pabale - Additional Government Pleader, for Respondent No.1-State.

Ms.Jaya J.Bagwe, for Respondent Nos.2 and 3.

Mr.A.R.Gole, for Respondent No.4.

CORAM : PRADEEP NANDRAJOG, C.J. & N.M.JAMDAR, J.

Date : 18 June, 2019.

P.C. :

1.

We have perused the Writ Petition which is drafted perfunctorily. Grievance projected is to the 5th Respondent establishing a dyeing unit at house No.1456, 162, 1179 Om Compound, Bhiwandi, District Thane. From the photographs filed

2 9 WP 2430-2019.doc by the Writ Petitioner it appears that effluent is being discharged by the unit. With the Writ Petion a letter dated 9 January 2018 issued by the Maharashtra Pollution Control Board has been filed which shows that the Maharashtra Pollution Control Board granted the necessary consent to operate to the Respondent No.5 on the terms contained in the letter.

2.

It appears to be a case where the Pollution Control Board, having issued a consent to operate is not taking steps to ensure that the conditions upon which the consent to operate has been granted are complied by Respondent No.5.

3.

Thus, we dispose of the Petition directing the Maharashtra Pollution Control Board to ensure that within 4 weeks from today inspection of the premises of the 5th Respondent are conducted and if it is found that the terms on which the consent to operate are not being complied with, after issuing notice to the 5th Respondent and passing an order offending activity be stopped. N.M.JAMDAR, J.

CHIEF JUSTICE