Bombay High Court Quashes Closure Order Against Distillery Linked To NCP MLA Rohit Pawar, Asks Pollution Control Board To Decide Afresh

Justices Nitin Jamdar and Manjusha Deshpande remanded the matter back to the MPCB for fresh consideration.

The Board overlooked various important factors like the principle of proportionality, the court said.

“To conclude, the Board, while taking the impugned decision in an expedited manner, has overlooked various important factors, such as the Petitioner's second reply, the Enforcement Policy, and the principle of proportionality. The Board had to consider aspects such as the extent of violations, degree of environmental threats, the option of setting compliance timelines, and the possibility of alternative deterrent measures. Neither the impugned order nor the reply affidavit show that a considered decision-making process was adopted before taking the decision,” the court said and remanded the matter back.

By order dated 27 September 2023, MPCB directed Baramati Agro to close down its manufacturing activities for its distillery unit in Pune within 72 hours.

The MPCB order was issued and served on the intervening night of 27^th-28^th September. Baramati Agro challenged the order in High Court on the ground that the board’s decision was passed under political influence to “pressurize” Rohit as he was part of NCP Supremo Sharad Pawar’s party.

On September 29, the court ordered the MPCB not to execute the closure till the next date.

Earlier this year, another FIR was registered against the sugar organization 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 in 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 filed through Advocate Akshay Shinde 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.

The MPCB in response asserted that the industry is causing severe environmental violations. The affidavit argued that the plea should be dismissed as it involved directions under the Water (Prevention and Control of Pollution) Act and Air (Prevention and Control of Pollution) Act and such directions could be appealed before the National Green Tribunal.

It further contended that the industry has failed to comply with the norms outlined in the ‘Consent to Operate’ and ‘Environmental Clearance’ documents, which permit its operations.