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Amrut Sudhakar Narvekar and Ors. v. the Collector Sindhudurg and Ors.

Bombay HC6 Mar 2025WP/951/2024

Case brief

AI extract

What is this about?

Enforcement of Maharashtra Pollution Control Board closure order dated 13-07-2021; disconnection of water and electricity to M/s. Balraje Fiber and Boat Builder; alleged illegal construction on suit property; inaction by Collector, Sindhudurg and Tahsildar despite notice dated 20-01-2020 and communication dated 20-10-2020; writ petition disposed of with two-month demolition direction; liberty reserved to petitioners. No statute or precedent cited in the order.

What did the court decide?

Direction to the official respondents to conclude the process of demolition of the subject structure, if found illegal, within two months; petitioners at liberty to approach the Court if their grievance survives. ¶21

Amrut Sudhakar Narvekar and Ors. vs the Collector Sindhudurg and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondent nos.1 to 6 should be directed to forthwith comply with the Maharashtra Pollution Control Board's closure order dated 13th July, 2021 and disconnect the water and electricity supply to M/s. Balraje Fiber and Boat Builder (respondent no.7). +1 more

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Ratio / Principle

The writ petition is disposed of with a direction to the official respondents to conclude the process of demolition of the subject structure, if the same is found to be illegal, within a period of two months.

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Key takeaways

If the grievance of the petitioners still survives, they are at liberty to approach the Court.obiter¶24

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Writ Petition No. 951 of 2024, order dated 6th March, 2025, [Per Chief Justice] (Coram: Alok Aradhe, CJ. & Bharati Dangre, J.). Petitioners, near relatives of the partners of M/s. Balraje Fiber and Boat Builder (respondent no.7), sought a direction to respondent nos.1 to 6 to comply with the Maharashtra Pollution Control Board's closure order dated 13th July, 2021, to disconnect water and electricity to the industry, and a direction to the Collector, Sindhudurg to demolish structures allegedly raised illegally on the suit property. A notice dated 20th January, 2020 to the Collector and the Collector's communication dated 20th October, 2020 to the Tahsildar had produced no further action. Counsel for respondent no.7 stated the industry stood closed with effect from 13th July, 2021; the Additional Government Pleader stated removal action was initiated and would conclude within two months. HELD: writ petition disposed of with a direction to the official respondents to conclude demolition of the subject structure within two months if found illegal; petitioners at liberty to approach the Court if the grievance survives.

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17-WP-951-2024

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Pdp

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 951 OF 2024

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Amrut Sudhakar Narvekar & Ors. .. Petitioners

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Versus

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The Collector, Sindhudurg & Ors. .. Respondents

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Mr. Abhijit Gosavi a/w Mr. Sachin Gawade i/by Mr. Mahesh V. Rawool for petitioners.

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Mr. O. A. Chandurkar, Addl. Govt. Pleader with Ms. G. R. Raghuwanshi, AGP for respondent nos.1 and 6-State. Ms. Jaya Bagwe for respondent no.4. Mr. Suryakant K. Pise for respondent no.7.

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CORAM: ALOK ARADHE, CJ. & BHARATI DANGRE, J.

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DATE: 6^th MARCH, 2025

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ORDER: [Per Chief Justice]

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1. Rule. Rule is made returnable forthwith. With the consent of the learned counsel for the parties, heard finally.

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2. In this writ petition, the petitioners, inter alia , seek a direction to respondent nos.1 to 6 to forthwith comply with the order of closure dated 13^th July, 2021 passed by the Maharashtra Pollution Control Board and to disconnect the water as well as electricity supply to the industry, namely, M/s. Balraje Fiber and Boat Builder (respondent no.7), which is run by partners who are near relatives of the petitioners. The petitioners also seek a direction to the Collector, Sindhudurg District to demolish the illegal structures raised by the partners of M/s. Balraje Fiber and Boat Builder on the suit property.

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17-WP-951-2024

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3. Facts giving rise in filing of the present writ petition, in nutshell, are that the petitioners and partners of M/s. Balraje Fiber and Boat Builder are near relatives. The petitioners sent a notice on 20^th January, 2020 to Collector, Sindhudurg District in which it was pointed out that the partners of Balraje Fiber and Boat Builder are carrying out illegal industrial activities and have raised construction of a building illegally. By a communication dated 20^th October, 2020, the Collector directed the Tahsildar to take an action. However, no further action was taken against M/s. Balraje Fiber and Boat Builder.

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4. In the aforesaid facts and circumstances, the petitioners have filed this writ petition.

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5. We have heard the learned counsel for the parties. Learned counsel for the respondent no.7 submitted that the partners of respondent no.7 have closed the industry with effect from 13^th July, 2021 and is no longer operating the same. It is also submitted by the learned Additional Government Pleader that an action for removal of illegal construction has already been initiated and same shall be brought to its logical conclusion within a period of two months.

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6. The aforesaid submissions on behalf of the learned counsel for respondent no.7 and the learned Additional Government Pleader are placed on record.

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7. In the facts and circumstances of the case, we, therefore, dispose of the writ petition with a direction to the official respondents to conclude the process of demolition of the subject structure, if the same is found to be illegal, within a period of two months from today.

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17-WP-951-2024

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8. Needless to state that if the grievance of the petitioners still survives, they are at liberty to approach this Court.

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PRAVIN DASHARATH PANDIT

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Digitally signed by PRAVIN DASHARATH PANDIT Date: 2025.03.07 11:35:09 +0530

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(BHARATI DANGRE, J.) (CHIEF JUSTICE)

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