Bombay High Court quashes closure notice against Rohit Pawar's Baramati Agro unit

The Bombay High Court on Thursday quashed an order of the Maharashtra Pollution Control Board (MPCB) directing the closure of a manufacturing unit of Baramati Agro Limited, a sugar factory company controlled by Nationalist Congress Party (NCP) lawmaker Rohit Pawar, who is the grandnephew of NCP Chief Sharad Pawar..A division bench of Justices Nitin Jamdar and Manjusha Deshpande found several errors on the part of the MPCB in issuing the closure order, including a failure to duly consider the Baramti Agro's reply to a show cause notice..“The Board, while taking the impugned decision in an expedited manner, has overlooked various important factors, such as the Petitioner's (Baramati Agro) second reply, the Enforcement Policy, and the principle of proportionality. Neither the impugned order nor the reply affidavit show that a considered decision-making process was adopted before taking the decision. The action directs the stringent measure of closure of the operational unit primarily on a single inspection report and the breaches. It is also not established before us the Petitioner (Baramati) has a history of recalcitrance,” the Court said in its October 19 judgment. .Baramati Agro had approached the High Court last month challenging an MPCB's closure order, by which the company was ordered to close its distillery unit within 72 hours of the order dated September 27, 2023..The company's petition, filed through advocate Akshay Shinde, contended that the MPCB order was violative of Article 19 (1) (g) of the Constitution as it had the effect of depriving the sugar company of its fundamental right to carry out business and trade.The plea added that MPCB had failed to scientifically assess the actual damage or the harm that may have been caused to the environment due to the alleged activities by Baramati. Meanwhile MPCB argued that there had been a violation of norms and regulations, leading to concerns of environmental damage..The Court, however, noted that neither the factual circumstances on record nor any independent evidence was provided to demonstrate the existence of any severe or imminent environmental crisis in this case..It proceeded to grant Baramati Agro relief and directed the MPCB to grant a fresh hearing to the sugar company within 2 weeks before passing a fresh, reasoned order. “According to us, the proper course of action is to set aside the impugned order restoring the proceeding from the stage of the show cause notice. In the facts and circumstances, MPCB should pass a reasoned order. Therefore, it is necessary to remand this matter to the Board for decision afresh after taking into account the observations made in this judgment and after evaluation of the remedial actions taken by the company," the High Court said. .Senior Advocate JP Sen and advocates Akshay Shinde, Rohan Sathaye, SV Abhang, Yadnaseni Gaikwad, Jeevanridya Joshi appeared for Baramati Agro.Senior Advocate Dr. Milind Sathe and advocate Jaya Bagwe appeared for the MPCB.Additional government pleader Reena Salunkhe appeared for the State..[Read Judgment]