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        IN THE HIGH COURT OF JUDICATURE AT
                       BOMBAY
          CIVIL APPELLATE SIDE JURISDICTION
     PUBLIC INTEREST LITIGATION NO. 203 OF 2015

    Shri. Mohan Ramanna Sutar                .. Petitioner

                   Vs.

    Shri. Pandurang Saharkari Sakhar
    Karkhana Ltd. & Ors.                     .. Respondents


                                 ....
    Mr. Ashok B. Tajane Advocate for Petitioner

    Mr. K.P.Shah Advocate for Respondent No.1

    Mr. S.S.Shah for Respondent No.2

    Ms. Sharmila U. Deshmukh for Respondent No.3

    Mr. N.P. Deshpande for Respondent No.4
                                ....


                   CORAM : NARESH H. PATIL, C.J. &
                           N.M. JAMDAR, J.

DATED : APRIL 03, 2019 P.C.:

1. The Rejoinder has been tendered on behalf of ::: Uploaded on - 04/04/2019 ::: Downloaded on - 05/04/2019 01:01:25 ::: jdk 2 of 3 10.cpil.203.15.doc Petitioner which is taken on record. Paragraph 9 of the said Rejoinder reads as under:

"9. I say that on the basis of above report the Respondent No.3 be directed to take further action against Respondent No.2 against whom there is clear report of violation of various norms. In view of report of Respondent No.3 petition be disposed off so far as Respondent No.1 is concerned directing that the Respondent no.1 will strictly abide by the rules and provisions of the Environmental Pollution Act and the other Act i.e. Air Pollution Control Act and Hazardous Waste Management Rules".

2. In view of the above averments in the Rejoinder, nothing survives qua Respondent No.1.

3. The counsel for Respondent No.2 submitted that Conditional Restart Directions under Section 33A of the Water (Prevention and Control of Pollution ) Act, 1974 have been issued on 23 August 2018. The counsel for Respondent No.3

- The Maharashtra Pollution Control Board submits that on the conditional restart direction, the factory is functioning. The counsel appearing for the Petitioner submits that they would continue to comply with the directions issued under the orders of Maharashtra Pollution Control Board. The counsel for ::: Uploaded on - 04/04/2019 ::: Downloaded on - 05/04/2019 01:01:25 ::: jdk 3 of 3 10.cpil.203.15.doc Maharashtra Pollution Control Board states that Maharashtra Pollution Control Board would take necessary action in accordance with law after verifying the violation, if any.

4. In view of the above statements, the Public Interest Petition stands disposed of.

                N.M.JAMDAR, J.                                 CHIEF JUSTICE
kandarkar




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