906-wpl-3047-2018.doc




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                ORDINARY ORIGINAL CIVIL JURISDICTION

                     WRIT PETITION (L) NO.3047 OF 2018

Prism Johnson Limited                                       ...Petitioner
           vs.
The State of Maharashtra and Another                        ...Respondents

Ms. Ankita Singhania a/w. Mr. Ashok Dhanuka, for the Petitioner
Ms. Sharmila Deshmukh a/w.Ms.Jaya Bagwe, for Respondent No.2
Mr. H.S. Venegaonkar, AGP for Respondent-State.

                                  CORAM :  SHANTANU S. KEMKAR &
                                           SARANG V. KOTWAL, JJ.

DATE : SEPTEMBER 07, 2018 P.C.:

. Heard learned counsel for the Petitioner as also learned AGP and learned counsel for Respondent No. 2 on the prayer for interim relief.

2. According to the learned counsel for the Petitioner the impugned order dated 1st August, 2018 was passed without complying the provision of Rule 28 of the Air (Prevention & Control of Pollution) Rules, 1983 and Section 33(A) of the Water (Prevention & Control of Pollution) Act, 1974. It is the case of the Petitioner that before passing the impugned closure direction, no show cause notice or opportunity of hearing was ever given to the Petitioner. It is also the case of the Petitioner that there is no breach of siting Vishal Parekar 1/2 ::: Uploaded on - 07/09/2018 ::: Downloaded on - 08/09/2018 01:44:41 ::: 906-wpl-3047-2018.doc criteria as per the guidelines. Thus, according to the Petitioner, the impugned order is in violation of rules and the principles of natural justice.

3. Taking into consideration the submissions made by the learned counsel for the parties and having gone through the impugned order, prima facie we are of the view that the impugned order is in violation of Rule 28 of the Air (Prevention & Control of Pollution) Rules, 1983.

4. In the circumstances, till the next date of hearing, we stay the operation of the impugned order dated 1st August, 2018.

5. Needless to say that as a consequence of staying the impugned order, the electricity supply of the Petitioner shall be restored.

6. The Petition be listed along with Writ Petition (L) No. 2775 of 2018 on 19th September, 2018.

7. Reply of the Petition be filed by the Respondents before the next date of hearing.

8. Parties to act on the authenticated copy of this order.

          



  (SARANG V. KOTWAL, J.)                         (SHANTANU S. KEMKAR, J.)




Vishal Parekar                                                                              2/2



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