Important High Court/Supreme Court Orders

      Anuraj Sugar Ltd. 
       Versus
   State of Maharashtra and Others

 

M/s Anuraj Sugar Ltd is a public limited company proposed a sugar factory in Yavat Taluka in  Pune District. The Board granted consent to establish under section 25/26 of the Water Act 1974 and 21 of the Air Act 1981. The Board  received representations  from local people   opposing establishment of the sugar factory apprehending pollution. On receipt of representation and  non submission of NOC from Grampanchayt , the Board   revoke consent to establish granted earlier.

Being aggrieved by revocation of consent to establish, the petitioner  approached Appellate Authority constituted under the provisions of Water (Prevention and Control of Pollution) Act 1974. The Appellate Authority directed that the orders  passed by MPCB be treated null and void and the original consent to establish stands validated.

The Board  filed a revision application under  section 29 of the Water (Prevention and Control of Pollution) Act, 1974,  against the order passed by the Appellate Authority. The Revisional Authority set aside the order passed by the Appellate Authority and the order of the applicant (MPCB)  revoking the consent dated 1/2/2006was  upheld.

The Petitioner filed the present petition  against the aforesaid revision order. The Hon’ble High Court* heard the matter extensively and passed an order dated 29th Jan 2007. The salient features of the said order is as follows.

The concern officer of the Pollution Control Board shall visit the site and find out whether what is proposed (pollution control measures) is as per the norms of the Pollution Control Board and then decide whether the required consent for establishing the factory  shall be given or not .

The villagers or sarpanch shall appoint an appropriate representative who shall  place all the material before the officer concern, which ought to be considered by officer before he makes his report.

The Hon’ble High Court  directed MPCB to take necessary decision within two  weeks from the date of order.

The petition  was thus  stands disposed off with the aforesaid directions to the Board ( Order dated 29th Jan 2007 Coram : H L Gokhale, Acting C J & V M Kanade J)