RELIABLE SIZING WORKS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) 23 Units manufacturing sized yarn at Malegaon are before this Court with a common grievance. Submission is without any opportunity, the orders closing down their manufacturing activities have been passed on 3/9/2019 or thereabouts and thereafter highhandedly though Law does not permit, these units have also been sealed.

(2.) Support is being taken from the procedure contained in Rule 20A of the AIR (Prevention and Control of Pollution) Rules, 1982 which are relevant here. Our attention is also invited to section 21(2) (Proviso) of the Air (Prevention and Control of Pollution) Act, 1981 to submit that when an application for consent to operate is moved to State Board, the operation can begin and continue till the consent is refused.

(3.) Apart from Pollution Control Board, the water supply department of Malegaon Municipal Corporation and State Government are party respondents. Learned advocates respectively appearing for them state that the sealing of the establishments of the petitioners has not been ordered by any of them and the units have not been sealed by them.