In a serious reprieve for 62 textile models from Malegaon engaged in sizing of yarn used for manufacturing of gray material, the Bombay excessive courtroom (HC) on Tuesday stayed notices issued by the Maharashtra Pollution Control Board (MPCB) that refused to grant consent to function the models.
The bench of justice Ujjal Bhuyan and justice Riyaz Chagla additionally restrained the regional places of work of MPCB from taking any coercive steps, reminiscent of disconnection of electrical energy, water and different fundamental facilities, in opposition to the textiles models pursuant to the notices issued on May 18, 2020.
MPCB had issued the notices totally on the grounds that the 62 models have been positioned in non-conforming zones, and requested the homeowners of the models to submit adequacy studies both from NEERI or Indian Institute of Technology-Bombay. The unit homeowners have been additionally requested to submit no-objection certificates issued by town engineer of the Malegaon Municipal Corporation with suggestion to function the trade at their current location, as a pre-condition for granting consent to function.
The unit homeowners have moved HC contending that the notices have been unlawful, arbitrary and oppressive. Their counsel, advocate Manoj Harit, claimed that they’d not violated any of the situations imposed whereas granting consent to function.
That aside, Harit mentioned, the issuance of the show-cause notices with solely a 15-day interval to answer throughout Covid-19 pandemic mirrored a mechanical method. “Getting reports from NEERI or IIT within such a short span of time during this pandemic is impossible and therefore, the notices are required to be stayed,” he added.
Advocate RV Govilkar, representing MPCB, opposed the prayer and submitted that the notices have been issued in compliance with the ideas of pure justice. He added that the petitioners should reply to the show-cause notices and fulfill the statutory authority in regards to the fulfilment of situations to get consent to function.
The bench discovered substance within the argument superior on behalf of the petitioners. It mentioned MPCB has the powers to direct closure or regulate operation of an trade below part 33A of the Water Act and part 31A of the Air Act, however these powers are topic to provisions of the respective Acts, and the authority must comply with different provisions of the Acts, earlier than invoking the powers. “It is not an unguided power to be exercised dehors the provisions of the two Acts.”
Besides, the judges famous that the Malegaon Municipal Corporation had not but submitted its reply concerning verification of the economic models inside non-conforming zone. “That being the position, a prima facie view can be taken that the impugned show-cause notices have been issued without jurisdiction, and that too hastily,” mentioned the bench whereas staying the notices.