Disposed

Ajim Abbas Mulani v. the State of Maharashtra, through Chief Secretary, Govt of Maharashtra and Ors.

Bombay HC20 Jun 2014PIL/145/2012

Case brief

AI extract

What is this about?

The Court disposed of four connected PILs regarding pollution control. Accepting the Maharashtra Pollution Control Board's affidavit on valid consent and monitoring, the Court directed the Board to initiate action for any breaches and left further remedies open for the petitioners. Orders discharged.

What the court decided

AI extract

Ajim Abbas Mulani Vs the State of Maharashtra… — Environment and Pollution | Bombay HC (2014)

ash

pil-145,14,71n101

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.145 OF 2012 PUBLIC INTEREST LITIGATION NO.14 OF 2010 PUBLIC INTEREST LITIGATION NO.71 OF 2013 PUBLIC INTEREST LITIGATION NO.101 OF 2013

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PIL NO.145 OF 2012

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Ajim Abbas Mulani .. Petitioner Vs State of Maharashtra and Others. .. Respondents –

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PIL NO.14 OF 2010

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Abdul Gagadu Shikalgar and Anr. .. Petitioners Vs Pandurang Sahakari Sakhar Karkhana & Others. .. Respondents --

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PIL NO.71 OF 2013

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Sandeep Suresh Ghadge .. Petitioner Vs Pandurang Sahakari Sakhar Karkhana & Others. .. Respondents --

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PIL NO. 101 OF 2013

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Shri Vishvas Bhaooso Jadhav and Anr. .. Petitioners Vs The State of Maharashtra & Others. .. Respondents

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Shri Milind Deshmukh for the Petitioners in PIL No.145 of 2012. Shri Prabhakar Jadhav for the Petitioners in PIL No.14 of 2010. Shri R.M. Haridas for the Petitioners in PIL No.71 of 2013. Shri Santram A. Tarale for the Petitioners in PIL No.101 of 2013. Shri V.P. Malvankar, AGP 'A' Panel for the State in all the PILs. Ms. Rekha Panchal for Respondent Nos.2, 8 and 9 in PIL No.145 of 2012, for Respondent No.15 in PIL No.14 of 2010, for Respondent Nos.5 and 6 in PIL No.101 of 2013.

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Shri P.B. Shah i/by Shri Kayval P. Shah for Respondent No.5 in PIL No.145 of 2012, for Respondent No.1 in PIL No.71 of 2013 and for Respondent No.2 in

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pil-145,14,71n101

PIL No.101 of 2013.

CORAM : A.S. OKA & A.S. CHANDURKAR, JJ DATED : 20TH JUNE 2014

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P.C.

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. We have perused the affidavit of Shri Devidas Koparkar, the Sub-Regional Officer of the Maharashtra Pollution Control Board, Solapur, which is affirmed on 5^th June 2014. Paragraph 2 of the said affidavit records that there is a valid renewal of consent by the said Board to the Sugar & Co-Generation Unit which is valid upto 30^th October 2014. As far as the Distillery Unit is concerned, there is a renewal of consent which is to operate till 31^st August 2014. Clause (II) of paragraph 2 of the said affidavit records the actions taken by the Maharashtra Pollution Control Board. Clause (5) of the affidavit records that the Pollution Control Board through its Officers has been regularly monitoring both the units and the statements showing the results of the analysis of the samples collected from the Sugar & Cogeneration units of the second Respondent have been enclosed with the affidavit. It is stated that the Distilleries of the first Respondent are not generating any effluent on account of zero discharge condition imposed upon them by the Maharashtra Pollution Control Board. It is stated that the Maharashtra Pollution Control Board is also involved in the air monitoring and a statement showing the results of air monitoring have been enclosed with the affidavit. We accept the

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ash 3 pil-145,14,71n101

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statements made in the said affidavit. It is obvious that the Respondent Board through its Officers will have to regularly monitor the activities of both units. If any breaches are committed, the Maharashtra Pollution Control Board shall forthwith initiate action in accordance with law.

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In the event the Petitioners notice any breach, it will be open for the Petitioners to point out the said breaches to the Maharashtra Pollution Control Board. In the event, no action is taken by the Maharashtra Pollution Control Board, remedies of the Petitioners are kept open.

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Subject to what is observed above, the Petitions are

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disposed of.

Ajim Abbas Mulani v. the State of Maharashtra, through Chief Secretary, Govt of Maharashtra and Ors.

Case brief

What is this about?

What the court decided

Ajim Abbas Mulani v. the State of Maharashtra, through Chief Secretary, Govt of Maharashtra and Ors.

Case brief

What is this about?

What the court decided

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