Important High Court/Supreme Court Orders
Anuraj Sugar Ltd.
State of Maharashtra and Others
M/s Anuraj Sugar Ltd is a public limited company proposed a sugar factory in Yavat Taluka in Pune District. The Board granted consent to establish under section 25/26 of the Water Act 1974 and 21 of the Air Act 1981. The Board received representations from local people opposing establishment of the sugar factory apprehending pollution. On receipt of representation and non submission of NOC from Grampanchayt , the Board revoke consent to establish granted earlier.
Being aggrieved by revocation of consent to establish, the petitioner approached Appellate Authority constituted under the provisions of Water (Prevention and Control of Pollution) Act 1974. The Appellate Authority directed that the orders passed by MPCB be treated null and void and the original consent to establish stands validated.
The Board filed a revision application under section 29 of the Water (Prevention and Control of Pollution) Act, 1974, against the order passed by the Appellate Authority. The Revisional Authority set aside the order passed by the Appellate Authority and the order of the applicant (MPCB) revoking the consent dated 1/2/2006was upheld.
The Petitioner filed the present petition against the aforesaid revision order. The Hon’ble High Court* heard the matter extensively and passed an order dated 29th Jan 2007. The salient features of the said order is as follows.
The concern officer of the Pollution Control Board shall visit the site and find out whether what is proposed (pollution control measures) is as per the norms of the Pollution Control Board and then decide whether the required consent for establishing the factory shall be given or not .
The villagers or sarpanch shall appoint an appropriate representative who shall place all the material before the officer concern, which ought to be considered by officer before he makes his report.
The Hon’ble High Court directed MPCB to take necessary decision within two weeks from the date of order.
The petition was thus stands disposed off with the aforesaid directions to the Board ( Order dated 29th Jan 2007 Coram : H L Gokhale, Acting C J & V M Kanade J)