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Synopsis

The Maharashtra State Pollution Control Board, in response to the plea filed by the company associated with NCP MLA Rohit Pawar challenging the factory's closure, informed the Bombay High Court that significant environmental clearance violations were made by the company.

"...it was noticed that the Petitioner has committed serious violations of environmental protection norms contained in Environmental Clearance and Consent to Operate and hence approval was obtained from the competent Authority of the Board and accordingly, the Order dated 27 September 2023 was issued directing the Petitioner to close down the industry within 72 hours," the reply reads. 

Baramati Agro, a company controlled by NCP MLA Rohit Pawar had approached the Bombay High Court after the company received the closure notice on September 28, 2023, at 2 AM. 

The MPCB had asked the company to shut down the factory within 72 hours of issuing the notice.

The reply submitted to the division bench, consisting of Justice Nitin Jamdar and Justice Manjula Deshpande, also emphasized that other factories under the control of the same company had committed much more severe violations.

However, these factories were not subject to serious actions but were instead warned and granted time to rectify their non-compliance with Environmental Clearance and Consent to Operate conditions.

The reply also stated that the allegations by the company that action was taken in motivate manner was made out of desperation.

"The contentions urged by the Petitioner that the Orders were passed in a predetermined and motivated manner, is an allegation made out of desperation," the reply stated

The company in its plea stated 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. 

The high court will now hear the matter on 16 October.

Case tile: Baramati Agro vs MPCB