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Bombay High Court

Suryakant Eknath Mapari And Others vs Union Of India Through Secretary And ... on 21 February, 2024

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

                                                 1049-PIL-58-2023.odt



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

         PUBLIC INTEREST LITIGATION NO. 58 OF 2023

                   Suryakant Eknath Mapari
                          And Others
                                                      ....Petitioners
                              VERSUS

            Union Of India Through Secretary
                       And Others
                                          .....Respondents
                           .....

Mr. S. S. Tope, Advocate for the Petitioners Ms. N. N. Gore, Standing Counsel, for Respondent No. 1 Mr. P. K. Lakhotiya, AGP for Respondent Nos. 2, 3, 4, 7 & 8 Mr. U. B. Bondar, Advocate for Respondent Nos. 5 and 6 Mr. M. V. Ghatge, Advocate for intervenor ...

                               CORAM     : RAVINDRA V. GHUGE &
                                           R. M. JOSHI, JJ
                               DATE      : FEBRUARY 21, 2024

PER COURT :

1. Vide our order dated 02.08.2023 we have issued adequate directions to various authorities. No further clarification is required. What we notice today is that the Revenue Authorities are going slow on taking action purportedly in view of paragraphs 8 and 9 of the said order. The Revenue Authorities were under a clear mandate to take action against those who did not give their undertaking that they will shift their Brick Kilns from 01.06.2024 onward and complete the same by Page 1 of 3 1049-PIL-58-2023.odt 30.06.2024. The Authorities were supposed to initiate action for removal of such Brick Kilns. No progress has been made, save and except that a notice was issued on 20.07.2023. The Revenue Authorities are apparently watching the situation as like by-standers.

2. The learned Advocate for the Petitioner has placed before us a compilation of colour photographs, which is collectively marked as 'X-3' (4 pages containing 8 photographs) for identification. The learned Advocate for the Pollution Control Board has tendered a compilation of documents, which is taken on record and collectively marked as 'X-4' for identification. His contention is that the Board has informed the Revenue Authorities that these are heavily polluting Brick Kilns and immediate steps have to be initiated for relocating them.

3. The learned AGP submits, on instructions from Mr. Soham Wayad, R.D.C. Jalna, Mr. Chandrakant Shelke, Tehsildar, Ambad, Mr. Saif Ahmad, District Mining Officer, Jalna & Mr. Balaji Papulwad, Head Clerk, Collector Office, Jalna, who are present in the Court, that immediate action would be initiated against those Page 2 of 3 1049-PIL-58-2023.odt Brick Kilns who have not executed undertakings in view of the order of this Court dated 02.08.2023.

4. By recording the above statement, we list this PIL on 07th March, 2024 at 04.30 pm for further consideration.

(R. M. JOSHI, J) (RAVINDRA V. GHUGE, J) Malani Page 3 of 3