2025:BHC-AS:49125-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15034 OF 2025 Raj Transit Infra Private Limited & Anr. .. Petitioners Vs.

The State of Maharashtra & Ors. .. Respondents ...

Mr. Ashish Kamat, Senior Advocate a/w Mr. Tarun Sharma, Ms.Apurva Gupte & Mr. Mahesh Patil, Advocates for the Petitioner.

Mr. P. P. Kakade, Additional Government Pleader a/w Mr. Aditya R.

Deolekar, AGP for the Respondent No.1.

Ms. Jaya Bagwe, Advocate for Respondent Nos.2 and 3-MPCB.

...

CORAM : SHREE CHANDRASHEKHAR, CJ &

GAUTAM A. ANKHAD, J.

DATE : 13^th NOVEMBER 2025.

Per, Shree Chandrashekhar, CJ :

This writ petition filed by the Raj Transit Infra Private Limited through one of its directors, namely, Mr. Rajendra Malayya Kalal seeks to challenge the closure directions dated 8^th October 2025 issued by the Regional Office of the Maharashtra Pollution Control Board, Thane (for short, MPCB) under section 33A of the Water (Prevention and Control of Pollution) Act, 1974 (for short, Water Act) and section 31A of the Air (Prevention and Control of Pollution) Act, 1981 (for short, Air Act).

2. The aforesaid order of closure directions has been issued in relation to the Ready Mix Concrete ( for short, RMC) plant of the Raj Transit Infra Private Limited (for short, petitioner-company) situated at Village – Ghodbundar, Mira-Bhyandar, Thane.

3. By an order dated 22^nd October 2025, the Vacation Court restrained the respondents from disconnecting the water and electricity supply to the petitioner-company till 10^th November 2025.

4. By the impugned closure directions, the petitioner-company was directed to immediately close down its RMC plant. It is recorded in the communication dated 8^th October 2025 containing the closure directions that the competent authorities have been directed to disconnect electricity and water supply at the RMC plant of the petitioner-company. The petitioner-company states that it is in lawful occupation and possession of the industrial premises on the basis of a Leave and License Agreement dated 26^th March 2024 and the RMC plant has been established thereon. It has obtained a trade license dated 5^th October 2025 from the Licensing Department of the Mira- Bhyanadar Municipal Corporation and the Consent to Establish Certificate has been issued by the Regional Office, MPCB on 7^th May 2024 under the Water Act, Air Act and the Hazardous & Other Wastes (Management & Transboundary Movement) Rules, 2016. The petitioner-company further states that the certificate issued by the Regional Office records that the RMC plant satisfies all the environmental parameters. It has been granted a factory license and the mandatory certificate of stability in Form No.1A under Rule 3-A of the Maharashtra Factories Rules, 1963 has been obtained.

5. The petitioner-company further states that the Mira-Bhyandar Municipal Corporation has issued permission for operating the RMC plant on the basis of the NOC issued by the MPCB and approval by the Municipal Commissioner. Notwithstanding the statutory clearances obtained by the petitioner-company, a proposed closure directions notice was issued to it on 2^nd July 2025 on the ground that (i) it did not furnish the bank guarantee for Rs.25,00,000/- as per the consent conditions and (ii) CAAQMS data was not connected to the MPCB server as per the RMC guidelines dated 27^th November 2024. The petitioner-company states that it filed a detailed reply apprising the noticing-authority that it had fully complied with both the conditions and took all remedial measures, whatever was required prior to 8^th October 2025. There is a reference of an e-mail dated 30^th September 2025 scheduling personal hearing for the petitioner- company on 7^th October 2025 at 11:00 a.m. which was later on rescheduled to 3:00 p.m. on the same day. According to the petitioner-company, all relevant documents, licenses and compliances were produced before the Member Secretary, MPCB but those are not referred to in clos