ALI ASGAR MOHAMMED TAHSILDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Mr. Saraogi, learned advocate for the petitioner submits that the primary grievance raised in this PIL petition regarding environmental pollution has been redressed, in that, a "ready mix concrete" plant constructed on the relevant land, which was responsible for causing pollution, has since been dismantled. He has, thus, submitted that the PIL petitioner is not willing to proceed against the Maharashtra Pollution Control Board. It is also submitted by him that there exists other constructions, which have come up in contravention of certain statutory provisions. He has prayed for relief in respect of such alleged unauthorised constructions.

(2.) Confronted with the position that the PIL petition is directed against the construction of the "ready mix concrete" plant, which was causing pollution but has since been dismantled, as admitted by him, Mr. Saraogi has prayed for withdrawal of this PIL petition with leave to file a fresh petition laying challenge to such constructions that have been raised in violation of statutory provisions.

(3.) Dr. Sathe, learned senior advocate for respondent no. 6 submits that the aforesaid concrete plant was not constructed on the property of the petitioner, but on the property of the respondent no. 6. In any event, Dr. Sathe does not seriously oppose the prayer made by Mr. Saraogi.