Maharashtra Chamber Of Housing Industries v. State Of Maharashtra And 2 ORS.

10-wp-1647-14.doc Ladda(PS).

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1647 of 2014 Maharashtra Chamber of Housing Industries ..Petitioner.

vs The State of Maharashtra & ors ..Respondents.

Mr Pravin Samdani, Sr.Counsel, Mr N. Srivastava, Mr Nakul Jain i/by Maniar Srivastava Assoc. for the Petitioner. Mr. Abhay L. Patki, Addl.G.P. for the Respondent no. 1 and 2. Mr Atul Singh for Respondent No.4.

CORAM : ANOOP V. MOHTA AND A.S.GADKARI, JJ.

DATE : 30th NOVEMBER, 2016 ORDER :- 1) Heard the learned counsel appearing for the parties. 2) On hearing and considering the fact of pendency of Representation dated 7th March, 2014 and 10th June, 2014, whereby the Representation was made to the Chairman, Maharashtra Pollution Control Board (respondent No.3) being a Competent Authority under the provisions of the Water 1 /2

10-wp-1647-14.doc Prevention and Control Pollution Board 1974 and/or the Air (Prevention and Control of Pollution) Amendment Act, 1987, the basic issue, as restricted and the subject-matter of the petition, is, whether any permission of construction for the residential complex is required under the Air (Prevention and Control of Pollution) Amendment Act, 1987? Without expressing anything on merit, in our view, all the concerned Authorities to decide the Representation as already made; and, as stated pending since 2014. Therefore, we are requesting the concerned Authorities to decide the Representation as early as possible preferably within six weeks from the date of receipt of communication of this order, in accordance with law. The petition is accordingly disposed of with liberty. No costs. All contentions are kept open.

(A.S. GADKARI, J.) (ANOOP V. MOHTA,J) 2 /2