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Pollution – Order to close distillery unit – Personal hearing was given at 5 to 5.45 pm of 27.9.2023, on the same day closure order was passed late hours and emailed at 1.38 am on 28.9.2023 –accelerated decision making resulted in several errors and non-consideration of important facts.

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Petitioner – Baramati Agro Ltd – is manufacturer of sugar, allied products and ethanol production as also operates distillery units.   The petitioner is the largest ethanol supplier and major contributor in the Ethanol Bleding Programme of the Central Government.

On 22.8.2023, the Board officers intercepted two tankers carrying distillery spent wash.   FIR was lodged.   On 4.9.2023, the proposed directions were issued by the Board under Section 33A of the Act of 1974 and 31A of the Act of 1987.  The petitioner submitted reply on 7.9.2023 and detailed reply on 13.9.2023.

On 27.9.2023, personal hearing was given at 5 to 5.45 pm and the order was issued on the same sent by email at 1.38 am on 28.9.2023.

By the order dated 27.9.2023, the Pollution Board directed the petitioner to close the manufacturing distillery unit.

The writ petition challenging the composite Order under Pollution Acts of 1974 and 1987 was filed since the remedy of Appeal under Section 16 of NGT Act 2010 is not available.

HELD, in its effort to issue the order speedily, several errors have crept in the impugned order, overlooked various important factors, there was non-consideration of detailed reply dated 13.9.2023, the explanation as referred to paras 16 and 17 of the judgment were not satisfactorily dealt with in the impugned order and also in the reply of the Board.  The writ petition was allowed and the matter was remanded back to the Board for reasoned order.

Maharashtra (Prevention of Control and Pollution) Act, 1974 and Air Prevention and Control of Pollution Act, 1987.

Judgment dated 19.10.2023 in W.P. (ST) No.26702 of 2023 – Baramati Agro Ltd  Vs. The Regional Officer, Maharashtra Pollution Control Board, Pune and others

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