Bombay High Court
Govandi New Sangam Welfare Society vs The State Of Maharashtra And 5 Other on 5 July, 2023
Author: Nitin Jamdar
Bench: Nitin Jamdar
45-PIL(L).33884.2022++
jvs
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION (L) NO. 33884 OF 2022
WITH
INTERIM APPLICATION (L) NO. 4441 OF 2023
Govandi New Sangam Welfare Society } Petitioner
Versus
The State of Maharashtra & Ors. } Respondents
WITH
WRIT PETITION NO. 2326 OF 2019
WITH
CHAMBER SUMMONS (L) NO. 280 OF 2019
AND
INTERIM APPLICATION (L) NO. 31148 OF 2022
SMS Envoclean Pvt. Ltd. } Petitioner
Versus
The State of Maharashtra & Ors. } Respondents
Ms. Nikita Dharamshi i/b. C. K. Legal for the
Petitioner in WP/2326/2019 and for Respondent
No.5 in PILL/33884/2022.
Mr. Milind More, Additional Government Pleader for
Respondent No. 1 (State) in both matters.
Mr. S. B. Shetye with Mr. Manish Bohra and
Mr.Akshay Pansare for Respondents 2 & 3 in
PILL/33884/2022.
Mr. C. M. Lokesh for Respondent No. 6 in
PILL/33884/2022.
Mr. Anoop Patil with Ms. Oorja Dhond i/b. Mr. S. K.
Sonawane for Respondent No. 4 in WP/2326/2019.
Ms. Afrin Khan for the applicant in IAL/4441/2023.
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45-PIL(L).33884.2022++
CORAM: NITIN JAMDAR, ACTING CJ. &
ARIF S. DOCTOR, J.
DATE: 5 JULY 2023 P.C.:
. The learned counsel for the Petitioner in PIL(L) No. 33884 of 2022 is not present.
2. By Writ Petition No. 2326 of 2019, M/s. SMS Envoclean Pvt. Ltd. has challenged the order dated 6 July 2019 passed by the Maharashtra Pollution Control Board (MPCB) directing closure of the Petitioner's plant. By order dated 18 July 2019, this Court has granted ad-interim order staying the operation of the order dated 6 July 2019.
3. The PIL is moved by Govandi New Sangram Welfare Society seeking direction to the Municipal Corporation to shift the Bio- Medical Waste Treatment Plant to any other location.
4. On the last occasion, the learned counsel for MPCB had placed a communication before us that the cause raised by the PIL Petitioner is under consideration. M/s. SMS Envoclean Pvt. Ltd., which is Respondent No. 5 in the PIL has tendered an additional affidavit, wherein, Respondent No. 5 has stated as under: -
"14. In order to summarize the present situation in a nut shell, I say that the existing operational facility at Deonar is operating as per BMW Rules, 2016 and associated guidelines and complying with all statutory requirements pertaining to same. I further say that in respect of the site at Atkargaon, Khalapur, District Raigad, the process for development permission is 2 ::: Uploaded on - 06/07/2023 ::: Downloaded on - 07/07/2023 12:16:11 ::: 45-PIL(L).33884.2022++ pending before the MSRDC. After the development permission is granted by MSRDC, the Respondent No.5 will have to obtain Environmental Clearance and after having obtained Environmental Clearance, the plant of Respondent No.5 will be relocated at the new site Atkargaon Khalapur, District Raigad within a period of 13 months. On the other hand, the Respondent No.5 in pursuance to the meeting held by the Minister of Industries, Government of Maharashtra on 30/11/2022 is also making sincere efforts for allotment of land at Patalganga-Borivali, MIDC area. I say that in regards to the land in MIDC area, as there is no requirement of public hearing and also that infrastructure facilities such as electricity, water, road and telecom are readily available; the process of relocating would start with obtaining Environment Clearance followed by the relocation/ installation of the new plant which would take approximately 13 months after having Environment Clearance.
15. In view of the factual aspects as stated above and that Respondent No.5 is committed to upholding its responsibilities as a responsible corporate citizen and aims to ensure that the plant's relocation is executed in a manner that prioritizes the well-being of the community and environment, the aforesaid Public Interest Litigation deserves to be dismissed with exemplary costs and I pray accordingly."
5. Thus, Respondent No. 5 has given a commitment to relocate itself at a new site after obtaining necessary permissions within a period of 13 (thirteen) months.
6. The learned counsel for the Respondents in both, the Writ Petition and the PIL Petition as also the learned counsel for the PIL litigant will take instructions whether the stand taken by Respondent No. 5 is satisfactory.
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7. Stand over to 9 August 2023. To be listed under the caption "For Directions".
(ARIF S. DOCTOR, J.) (ACTING CHIEF JUSTICE)
Digitally
signed by
JAYANT
JAYANT VISHWANATH
VISHWANATH SALUNKE
SALUNKE Date:
2023.07.06
15:55:58
+0530
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