Samita Rajendra Patil v. Jindal Steel Works Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12749 OF 2025 Samita Rajendra Patil .. Petitioner Vs.

Jindal Steel Works Ltd. and Ors.

.. Respondents Mr. Shriram S. Kulkarni, Advocate for the Petitioner. Ms. Jaya Bagwe, Advocate for Respondent No.3-MPCB and for Respondent No.13-MCZMA.

Mr. Pranil K. Sonawane with Ms. Vedashree Phadke and Ms. Janhvi Jadhav, Advocates for Respondent Nos.5 and 14. Mr. O.A. Chandurkar, Additional Government Pleader with Mrs. G.R. Raghuwanshi, Assistant Government Pleader for Respondent Nos.6 to 13 and 15.

CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE : 7TH OCTOBER 2025.

P.C. :

In this writ petition, the petitioner who states that she is a permanent resident of village Pen and is suffering from the pollution caused by 1st respondent-Company, has made the following prayers :- "(a). Be pleased to hold and declare that the authorities concerned for grant of EC are under the obligation in view of the judgment and order dated 16.05.2025 passed by the Hon'ble Supreme court to physically verify whether any construction/user has commenced on the site for which prior EC is applied for and if it is so found then they are under obligation to drop the proceedings of prior EC u/EIA notification dated 14.09.2007 and further to demolish the same forthwith and further are under an obligation to drop the proceedings of prior EC;

(b).

The entire proceedings of EC in respect of expansion of steel plant from 10 MTPA to 15 MTPA and facilities and also township project commenced by the respondent nos.1 and 2 be kindly be quashed and set aside and be dropped;

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(c).

Be pleased to direct the respondent authorities to forthwith take steps to demolish the construction of 10 MTPA to 15 MTPA steel plant and facilities and also township project which has already commenced undergoing and/or in verge of completion in respect of the proposal submitted for grant of EC by respondent no.1 and if the same is found at the site the same should be demolished as per the direction of the Hon'ble Supreme Court;

(d).

Be pleased to restrain the respondent authorities from granting any permission in CRZ area to respondent no. 1 for expansion of 10 ΜΤΡΑ tο 15 MTPA steel plant and facilities;

(e).

Be pleased to hold and declare that no construction should be permitted in the CRZ area;

(f).

Be pleased to direct the respondent authorities to place on record that the land of the proposed site for which EC is sought comprises of fully grown up mangroves which have come up in the recent years and whether the same is destroyed as of date;

(g).

Pending the hearing and final disposal of the present petition the respondent authorities be directed to forthwith demolish the construction/expansion of 10 ΜΤΡΑ tο 15 ΜΤΡA of steel plant project commenced by respondent no.1 at the site and township project in view of directions of Hon'ble Supreme Court;

(h).

Pending the hearing and final disposal of the presen petition the respondent no. 1 and 2 be directed to forthwith stop any further construction in respect of the expansion of 10 MTPA to 15 MTPA of steel and construction of township project;

(i).

Pending the hearing and final disposal of the present petition the respondent no.5 be directed to stop any further proceeding or proposal for grant of EC;

(j).

Ad-interim in terms of prayer clause (g) to (i) be granted; (k).

Any other just and equitable order as this Hon'ble Court deems fit in the interest of justice be passed." 2.

This is, however, stated by the learned counsel for the petitioner that after conducting public hearing the environment clearance certificate is yet to be issued to 1st respondentCompany. The learned counsel for the petitioner, therefore, seeks permission to withdraw this writ petition with liberty to the petitioner to avail of remedy as available to her in law at an appropriate time and before the appropriate Forum. 2/3

3.

Writ Petition No.12749 of 2025 is dismissed with liberty as prayed for.

[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally signed by SNEHA ABHAY DIXIT Date:

2025.10.13 12:21:09 +0530 3/3 SNEHA ABHAY DIXIT