Read Time: 05 minutes
The court was informed that the company received the closure notice on September 28, 2023, at 2 AM. The MPCB had instructed the company to shut down the factory within 72 hours of issuing the notice
The Bombay High Court has granted interim relief to Baramati Agro Ltd, a sugar factory company controlled by MLA Rohit Pawar, the grandnephew of Nationalist Congress Party Chief Sharad Pawar.
A division bench of the high court, consisting of Justice Nitin Jamdar and Justice Manjusha Deshpande, granted interim relief to the company. This relief came after the Maharashtra Pollution Control Board (MPCB) ordered the closure of the sugar factory.
The court was informed that the company received the closure notice on September 28, 2023, at 2 AM. The MPCB had instructed the company to shut down the factory within 72 hours of issuing the notice.
The division bench stayed the notice till October 6 when the matter will be taken up by the high court.
“By way of ad-interim order we direct that, subject to further orders, the time mandate in the impugned order is extended and will come will come into effect post 5.00 p.m. on 6 October 2023,” the court said.
Senior Advocate JP Sen, appearing for the petitioner, contended that the direction to close down the petitioner's unit/factory is a drastic step that will not only affect the functioning of the unit but also the employees working there. He added that the petitioner had a strong case on its merits.
The plea argues that the notice was violative of Article 19(1)(g) of the Constitution as it deprived the petitioner of their fundamental right to carry on business and trade.
The petition also asserted that the unit had been in existence since 2007-2008, and there had not been a single instance of environmental violation.
The petitioner also submitted that the order was passed by the MPCB owing to political influence.
“The Impugned Order has been passed owing to political influence and considering the present political situation to pressurize the director of the Petitioner Le. Mr. Rohit Pawar who is also Member of Legislative Assembly of Maharashtra,” the plea states.
Pertinently, the Rohit Pawar-controlled company had also approached the Bombay High Court to quash the FIR against the company which was lodged by a BJP leader who lost to Rohit Pawar during the assembly elections.
Case title: Baramati Agro Ltd vs Regional Officer Pune MPCB
Please Login or Register
