Bombay HC Temporarily Protects Firm Of MLA Belonging To Sharad Pawar Faction Against Closure Order By Maharashtra Pollution Control Board

The Bombay High Court on Friday granted temporary relief to NCP MLA Rohit Pawar and directed Maharashtra Pollution Control Board to not effect till October 6, a closure order issued against Baramati Agro Ltd, a firm controlled by him.

The MPCB order was issued on Wednesday and served early on Thursday seeking closure of the unit within 72 hours. Baramati Agro challenged the order on the ground that the board’s decision was passed under political influence to “pressurize” Rohit as he was part of Sharad Pawar’s party.

After the matter was mentioned, Justices Nitin Jamdar and Manjusha Deshpande posted it for further hearing on October 6 and granted time against closure till then.

Earlier this year another FIR was registered against the sugar organisation for disobeying directions issued by a government official under provisions of the Water (Prevention And Control Of Pollution) and Air (Prevention And Control Of Pollution) Act.

However, the Bombay High Court had stayed further proceedings on the FIR. The firm had claimed that the FIR was based on BJP MLC Ram Shinde's complaint who had lost to Rohit Pawar in the 2019 Assembly elections.

In the present petition, the firm said it was granted environmental clearance in 2022. But MPCB found some irregularities during its inspection at the Pune unit and passed the closure order.

Through its counsel, the firm submitted that the order was without application of mind and without supporting reasons. They further claimed the MPCB’s decision violated Article 19 (1) (g) of the Constitution.

It was their contention that the MPCB’s regional officer failed to asses if there was any environmental damage, considering the Act in its true spirit. It was stated the MPCB failed to see that the firm had started its unit in 2007-08 but no environmental damage was reported. No show cause notice was issued either, it is.

The plea stated that Rs. 218 crore was already invested for expansion of the distillery, and the closure would have serious consequences on revenue. Closing of the unit would result in stoppage of electricity and water supply to the sugar factory causing irreparable damage.

Therefore the firm sought to quash and set aside the board’s order and sought a stay in the interim.