Dismissed

Avh Pvt. Ltd. and Anr. v. State of Maharashtra, through Secretary, Dept of Environment and Anr.

Bombay HC16 Dec 2014WP/7098/2013

Case brief

AI extract

What is this about?

This writ petition was disposed of without adjudication. The court accepted statements that no formal stop work order existed yet and noted pendency of SEIAA proceedings. The petition was dismissed as no immediate adjudication was necessary pending further administrative inputs.

What did the court decide?

The petition was disposed of; no order passed against petitioners at that time; subordinate Civil Applications disposed of.

Avh Pvt. Ltd. and Anr. Vs State of Maharashtra… — Environment and Pollution | Bombay HC (2014)

wp7098

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION
 WRIT PETITION NO.7098 OF 2013

¶5

AVH Private Ltd. & Anr....Petitioners
vs.
State of Maharashtra & Anr....Respondents

¶6

Mr.Dinyar D. Madon, Senior Advocate a/w Ms Nandini
Singh i/b Bharucha & Partners for the petitioners
Ms Gayatri Singh for the applicant in
C.A.No.2719/2013

¶7

Mr.A.B.Vagyani, G.P a/w Ms M.P.Thakur, AGP for the
respondent No.1

¶8

Ms Manashi Joshi i/b Ms Sharmila Deshmukh for
respondent No.2

¶9

CORAM : A.S.OKA, &
 A.S.GADKARI, JJ.
 DATE : DECEMBER 16,2014

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P.C.:

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1Heard the learned senior counsel for the

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petitioners, the learned Government Pleader for the
first respondent and the learned counsel for the
second respondent. We have also heard the learned
counsel appearing for the applicants in Civil
Application No.2719 of 2013. The cause of action
for filing the present petition is the communication
dated 1st August 2013 addressed by the Assistant
Secretary of the Environment Department of the State
Government to the Maharashtra Pollution Control
Boardsecond respondent. The said letter records an
assurance given by the Hon'ble Minister of the
Environment Department to the House of Legislature
that the Pollution Control Board shall issue notice

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to stop work to the first petitioner. The learned
Government Pleader states that apart from said
assurance, no order has been passed by the State
Government against the petitioners. He has invited
our attention to the letter dated 16th December 2014
addressed to him by the Scientist (II), Environment
Department, Mantralaya, Mumbai. It records that the
decision of the State Expert Appraisal Committee
taken in the meeting held on 19/20th September 2014
was considered by the State Environment Impact
Assessment Authority (for short `SEIAA') in the
meeting held on 12th December 2014. It is stated
that the minutes of the meeting of SEIAA will be
finalised on 20th December 2014 and the same will be
communicated as soon as the same are finalised. The
learned Government Pleader on instructions states
that after receiving the minutes of the meeting from
SEIAA, appropriate decision will be taken by the
State Government. We accept the statements made by
the Government Pleader on instructions. He shall
place on record copy of the letter dated 16th
December 2014.

¶15

2The learned counsel for the second respondent
states that the second respondent has not granted
consent to operate to the first petitioner and
therefore, a stop work notice has not been issued.
The learned Senior Counsel for the Petitioners
accepts that as of today, the consent to operate has
not beengranted to the first petitioner.

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3In view of this aforesaid statements, it is not

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¶18

necessary to entertain this petition and the same is
disposed of.

¶19

4We, however, make it clear that no adjudication
has been made on rival contentions. Civil
Application Nos.2719 of 2013 and 2583 of 2014 do not
survive and the same are disposed of.

Avh Pvt. Ltd. and Anr. v. State of Maharashtra, through Secretary, Dept of Environment and Anr.

Case brief

What is this about?

What did the court decide?

Avh Pvt. Ltd. and Anr. v. State of Maharashtra, through Secretary, Dept of Environment and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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