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THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

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Bombay High Court
Mrs. Annapurna Bhimrao Tagade vs The General Manager, Nice Paper ... on 4 September, 2019
Bench: S.B. Shukre
wp5037.18.odt                                                                                   1/2



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH, NAGPUR.

                             WRIT PETITION No.5037 OF 2018

(Mrs. Annapurna Bhimrao Tagade Vs. The General Manager, Nice Paper Mill, Ghogali, Tq.
                         Ghorad, Distt. Nagpur and others)
__________________________________________________________________________
Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions             Court's or Judge's orders.
and Registrar's Orders.

                               Shri P.B. Patekar, Advocate for Petitioner.
                               Shri H.R. Gadhia, Advocate for Respondent No.1.
                               Smt. Kalyani Deshpande, AGP for Respondent Nos.2 to 4.

                               CORAM : Sunil B. Shukre & Milind N. Jadhav, JJ.

DATE : 4th September, 2019.

We have heard this matter for some time.

We find that there have been prima facie violations of the Wastes (Management & Transboundary) Rules, 2016. These violations have also been pointed out in the recent show cause notice dated 9.8.2019, a copy of which is taken on record and marked 'X' for identification. Learned counsel for respondent No.1 seeks two months time for rectification of these defects and removal of these violations. As a matter of record, we find that these violations were identified more than a year ago and were made known to the respondent No.1 and as such respondent No.1 had sufficient time so far removal of these violations. Learned counsel for respondent No.1 submits that there were internal wranglings among the managing directors which spilled over outside the Board and have had their adverse impact on the functioning of ::: Uploaded on - 05/09/2019 ::: Downloaded on - 06/09/2019 01:00:52 ::: wp5037.18.odt 2/2 the industrial unit because of which, more than desired time is being taken for removal of the violations. But, he further submits, now the respondent No.1 would take all steps at its command and as expeditiously as possible for rectification and, therefore, he prays for grant of at least four weeks' time.

We do not think that such a time could be granted to the respondent No.1. We would only say that the respondent No.1 has to remain itself bound to law and requirements of the Wastes (Management & Transboundary) Rules, 2016 read with relevant provisions of the Water (Prevention & Control of Pollution) Act, 1974, the Air (Prevention & Control of Pollution) Act, 1981 and also relevant provision of the Environmental Laws and, therefore, within the time stipulated already by the Maharashtra Pollution Control Board- respondent No.5 that the respondent No.1 has to make necessary compliances. We would expect respondent No.1 to have done this on or before next date.

Stand over after 15th September, 2019.

                                         JUDGE                             JUDGE


DWW




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