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Bombay High CourtCAO/37/2016disposed off

The Regional Officer, Maharashtra Pollution Control Board And ANR v. Hashmat Parkar And ANR

2016-02-08Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice V.M. Kanade3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO. 16 OF 2016 IN PUBLIC INTEREST LITIGATION NO. 164 OF 2010 The Regional Officer, Maharashtra Pollution Control Board & Anr.

...Petitioners

Versus

Hashmat Parkar & Ors.

...Respondents

WITH CIVIL APPLICATION NO. 37 OF 2016 IN REVIEW PETITION NO. 16 OF 2016 IN PUBLIC INTEREST LITIGATION NO. 164 OF 2010 The Regional Officer, Maharashtra Pollution Control Board & Anr.

...Applicants

IN THE MATTER BETWEEN :

The Regional Officer, Maharashtra Pollution Control Board & Anr.

...Petitioners

Versus

Hashmat Parkar & Ors.

...Respondents

Ms. Sharmila Deshmukh with Ms. Rupali Dixit for the Review Petitioners/original Respondent No.3/Applicants in CA/37/2016 Mr. Sandeep V. Marne for the Petitioners in PIL/164/2010 Mr. Abhijit Deshmukh I/b M/s. Little & Co. for the Respondent No.2 1/3

CORAM : V. M. KANADE & REVATI MOHITE DERE, JJ.

MONDAY, 8TH FEBRUARY, 2016 P.C. :

1.

There is a delay in filing review petition. Delay caused in filing review petition is condoned for the reasons stated in the application. Application is accordingly disposed of.

2.

Application is made for speaking to the minutes of the order dated 1st December, 2011. It is submitted that in para 5 of the order dated 1st December, 2011, inadvertently, instead of Lote Parshuram Environment Protection Cooperative Society Ltd., the words Maharashtra Pollution Control Board (MPCB) have been wrongly typed in para 5. As a result of the said typographical error, now a contempt petition is filed against the MPCB for not upgrading the Common Effluent Treatment Plant (CETP). It is submitted that in fact the work of upgradation of CETP has to be done by Lote Parshuram Environment Protection Cooperative Society Ltd. Therefore, instead of the words MPCB, the words "Lote Parshuram 2/3

Environment Protection Cooperative Society Ltd." are substituted. The first sentence of para 5 will now read as under : "In view of the above submissions made in the affidavit filed on the MPCB, we dispose of this Petition with the directions to the Lote Parshuram Environment Protection Cooperative Society Ltd. to upgrade the CETP and to treat the effluents of plants/units.................". Order dated 1st December, 2011 is accordingly modified. REVATI MOHITE DERE, J.

V.M. KANADE, J.

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