Maharashtra Industrial Devlopment Corporation Through Officer v. Mma Cetp Coop Society Ltd

JPP 11. WP 14957.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by JYOTI PRAKASH PAWAR Date: 2025.06.21 11:23:26 +0530 JYOTI PRAKASH PAWAR WRIT PETITION NO. 14957 OF 2024 M/s. MMA CETP Co-operative Society Ltd.

... Petitioner V/s.

Maharashtra Industrial Development Corporation and Ors ... Respondents WITH INTERIM APPLICATION NO. 6647 OF 2025 IN WRIT PETITION NO. 14957 OF 2024 Maharashtra Industrial Development Corporation and Ors.

... Applicants V/s.

M/s. MMA CETP Co-operative Society Ltd.

... Respondents _______________________________________ Mr. Kiran Bapat, Senior Advocate with Mr. Rahul D. Oak with Mr. Saurabh Kulkarni with Mr. Prashant Bhat for the Petitioner Mr. Prashant Chawan, Senior Advocate with Meet Vora for Respondent No.1 - MIDC Ms. Nidhi Chauhan with Akshay Naidu i/b. Vishwanath Patil for Respondent No.2 - MPCB Adv. Advaita M. Lonkar i/b. R.B. Mahabal for Respondent No.3 _______________________________________ CORAM : ALOK ARADHE, CJ. AND SANDEEP V. MARNE, J.

DATE : 20 JUNE 2025 P.C. :

1.

Mr. Bapat, learned Senior Advocate appearing for the Petitioner, after arguing the Petition to some extent, after taking instructions from his 1/2

JPP 11. WP 14957.2024.doc clients, seeks to withdraw the Petition with liberty to file Appeal under the provisions of Section 28 of the Water (Prevention and Control of Pollution) Act, 1974 before the Appellate Authority for challenging the impugned Consent to Operate dated 28 March 2024.

2.

Liberty is granted to withdraw the Petition by filing Appeal within a period of one week. If such Appeal is filed, parties shall appear before the Appellate Authority on 30 June 2025 and seek further directions for fixation of dates of hearing of the Appeal. The Appellate Authority is requested to decide the Appeal on its own merits in an expeditious matter. All contentions of the parties on merits are expressly kept open. 3.

The Writ Petition is disposed of as withdrawn with the aforesaid liberty.

4.

The interim relief granted in favour of the Petitioner by this Court vide order dated 25 October 2024 shall continue to operate till the application made by the Petitioner before the Appellate Authority for stay is decided.

5.

Interim Application is disposed of.

( SANDEEP V. MARNE, J. ) ( CHIEF JUSTICE ) 2/2