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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S. SONAK, JITENDRA JAIN
Grauer and Weil (India) Limited – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
M.S. Sonak, J.
1. Heard Mr Ayush Agarwal for the Petitioner. Mr More learned Additional Government Pleader appears for the State of Maharashtra.
2. This Petition was moved before us citing extreme urgency and after obtaining orders for placing this matter before this Bench.
3. The Petition challenges the Maharashtra Pollution Control Board’s closure directions dated 5 March 2025 at Exhibit ‘A’ (pages 42 and 43) of this Petition.
4. Mr Agarwal submitted that the Regional Officer, Mumbai, has issued this order. In terms of Office Order No.E/28 of 2000 at Exhibit ‘R’ (pages 131 and 132), regional officers can exercise the powers of the Board only in cases of extreme urgency. He pointed out that this office order also requires the Regional Officers to follow the principles of natural justice before exercising the powers of the Board.
5. Mr Agarwal submits that the impugned closure directions have been issued without compliance with principles of natural justice and any case of extreme urgency being made out. He submitted that prosecution has already been filed against the Petitioner. He submitted that though the Petitioner may not have obtained environmental clearance for construc
The principles of natural justice do not apply in cases of gross violations of environmental laws, and the court's discretionary jurisdiction cannot be invoked to perpetuate illegalities.
Administrative decisions affecting rights must be reasoned and adhere to principles of natural justice, failing which they are liable to be set aside.
Administrative decisions must be reasoned and adhere to principles of natural justice to be valid.
The court upheld the closure of a manufacturing unit for serious environmental violations, emphasizing the authority of pollution boards to act expediently in cases of grave environmental harm.
UPPCB must impose environmental compensation on polluting mines under Polluter Pays principle for past violations.
The statutory powers of the Pollution Control Board under Section 33A of the Water Pollution Act 1974 were upheld, and the closure of the slaughter house was found to be in compliance with the law.
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