Case Note & Summary
The petitioner, Nikhil Construction Group Pvt. Ltd., a private limited company engaged in construction activities, secured a contract for up-gradation/reconstruction of NH-548D from Adhalgaon to Jamkhed. It installed a stone crusher in Gut No.100 of Village Supe, Taluka Karjat, District Ahmednagar. The Tahsildar and District Forest Officer issued communications dated 21.12.2022, 23.12.2022, and 24.12.2022 directing closure of the stone crusher. The petitioner challenged these communications under Article 226 of the Constitution of India. The court noted that the petitioner had not obtained consent from the Maharashtra Pollution Control Board (MPCB) under the Air and Water Acts. The court held that while the closure orders were issued without proper hearing and were not sustainable, the petitioner cannot operate without environmental compliance. The court directed the petitioner to apply for consent from MPCB and comply with all norms, and directed the authorities to consider the application expeditiously. The court also noted that if the land is forest land, prior approval under the Forest (Conservation) Act, 1980 may be required. The petition was disposed of with directions.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Interim Relief - Petitioner challenged closure orders of stone crusher installed for NH project - Court held that while the petitioner cannot be permitted to operate without environmental compliance, the closure orders were not sustainable without proper hearing - Directed petitioner to apply for consent from MPCB and comply with all norms - Held that the authorities must consider the application expeditiously (Paras 1-13). B) Environmental Law - Consent to Operate - Air (Prevention and Control of Pollution) Act, 1981, Water (Prevention and Control of Pollution) Act, 1974 - Stone Crusher - Petitioner had not obtained consent from MPCB - Court held that operation without consent is impermissible - Directed petitioner to apply and obtain consent before resuming operations (Paras 8-12). C) Forest Law - Forest (Conservation) Act, 1980 - Applicability - Stone crusher located near forest area - Court noted that if the land is forest land, prior approval under the Act is required - However, no final determination made - Authorities to examine this aspect (Paras 10-11).
Issue of Consideration
Whether the communications directing closure of the stone crusher were arbitrary and whether the petitioner can operate the stone crusher without environmental clearances.
Final Decision
The petition is disposed of. The impugned communications are set aside. The petitioner is directed to apply for consent from MPCB within two weeks. The authorities shall consider the application expeditiously. The petitioner shall not operate the stone crusher until consent is obtained and all environmental norms are complied with.
Law Points
- Article 226 of the Constitution of India
- Environment Protection Act
- 1986
- Air (Prevention and Control of Pollution) Act
- 1981
- Water (Prevention and Control of Pollution) Act
- 1974
- Maharashtra Land Revenue Code
- 1966
- Forest (Conservation) Act
- 1980
