The High Court treated the MPCB's closure order as a show cause notice, directed a hearing by the board, and set aside the industrial corporation's threat to cut power and water supply.
Closure order treated as show cause notice; hearing directed; MIDC threat to cut supplies set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Digitally signed ANANT by ANANTKRISHNA NAIK KRISHNA Date: NAIK 2021.12.1010:54:33 +0530
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18.WP.7886.2021 .doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7886 OF 2021
M/s. Lasa Supergenerics Limited & Anr. .. Petitioners Versus
State of Maharashtra & Ors. .. Respondents
Dr. Milind Sathe, Senior Counsel a/w Mr. Bhushan Deshmukh, Ms. Savita Nangare i/b. Atham Legal for Petitioners. R. A. Salunkhe, AGP for Respondent-State. Mr. Jitendra Jagtap for the Respondent Nos. 2 & 3.
CORAM : A. A. SAYED & ABHAY AHUJA, JJ
DATED : 9th DECEMBER, 2021
P.C.:
Learned Senior Counsel for the Petitioner has tendered a
copy of the order dated 23rd November, 2021 passed by the First Court in WP/7877/2021.
ORDER
(i) The closure order dated 06.10.2021 of the
Respondent No. 2-MPCB shall not be acted upon and it
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18.WP.7886.2021 .doc
shall be treated as Show Cause Notice. Letters dated 18.10.2021 and 21.10.2021 of the Petitioners shall be treated as Reply to the Show Cause Notice. The communication dated 14th / 15th October, 2021 of MIDC threatening disconnection of the electricity/water supply is set aside.
(ii) The Petitioners would be given a hearing by the Respondent No. 3 and appropriate orders shall be passed within a period of 4 weeks.
(iii) It shall be open to the Respondent No.3 to conduct such surprise inspection/visit at the Petitioners’ unit to ascertain whether the defciencies pointed out in the closure order dated 06.10.2021 stand removed or not. If, upon inspection and hearing the Petitioners, the Respondent No.3 is of the view that the closure order should be passed, he shall pass a reasoned order and intimate the same to the Petitioner. All contentions are left open.
(ABHAY AHUJA, J.)
(A. A. SAYED, J.)
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2 issues framed by the court
Whether the closure order issued by the MPCB should be treated as a show cause notice and a hearing provided?
Whether the threat of disconnection of utilities by MIDC should be set aside until after the hearing?
2 provisions across 2 enactments
M/s. Lasa Supergenerics Limited & Anr.
State of Maharashtra
A. A. SAYED
ABHAY AHUJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
