HC reprieve for 62 textile units in Malegaon

In a major reprieve for 62 textile units from Malegaon engaged in sizing of yarn used for manufacturing of grey cloth, the Bombay high court (HC) on Tuesday stayed

In a major reprieve for 62 textile units from Malegaon engaged in sizing of yarn used for manufacturing of grey cloth, the Bombay high court (HC) on Tuesday stayed notices issued by the Maharashtra Pollution Control Board (MPCB) that refused to grant consent to operate the units.

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The bench of justice Ujjal Bhuyan and justice Riyaz Chagla also restrained the regional offices of MPCB from taking any coercive steps, such as disconnection of electricity, water and other basic amenities, against the textiles units pursuant to the notices issued on May 18, 2020.

MPCB had issued the notices primarily on the grounds that the 62 units were located in non-conforming zones, and asked the owners of the units to submit adequacy reports either from NEERI or Indian Institute of Technology-Bombay. The unit owners were also asked to submit no-objection certificate issued by the city engineer of the Malegaon Municipal Corporation with recommendation to operate the industry at their present location, as a pre-condition for granting consent to operate.

The unit owners have moved HC contending that the notices were illegal, arbitrary and oppressive. Their counsel, advocate Manoj Harit, claimed that they had not violated any of the conditions imposed while granting consent to operate.

That apart, Harit said, the issuance of the show-cause notices with only a 15-day period to reply during Covid-19 pandemic reflected a mechanical approach. “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 were issued in compliance with the principles of natural justice. He added that the petitioners must respond to the show-cause notices and satisfy the statutory authority about the fulfilment of conditions to get consent to operate.

The bench found substance in the argument advanced on behalf of the petitioners. It said MPCB has the powers to direct closure or regulate operation of an industry under section 33A of the Water Act and section 31A of the Air Act, but these powers are subject to provisions of the respective Acts, and the authority will have to follow other provisions of the Acts, before invoking the powers. “It is not an unguided power to be exercised dehors the provisions of the two Acts.”

Besides, the judges noted that the Malegaon Municipal Corporation had not yet submitted its reply regarding verification of the industrial units within 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,” said the bench while staying the notices.