SHRIDHAR KASHINATH BHAGAT Vs. SUB-DIVISIONAL OFFICER

JUDGEMENT

(1.) These Petitions are filed by Petitioners, who operate stone crushing plants and are aggrieved by orders dtd. 28/6/2024 passed by the SubDivisional Officer-cum-Sub-Divisional Magistrate, Panvel, under provisions of Sec. 133 of the Code of Criminal Procedure, 1973 (the Code) directing closure of their crusher plants.

(2.) Brief facts leading to filing of the present Petitions are that Petitioners claim to be owners and occupants of various lands at Village -Jasai, Taluka - Uran, District-Raigad. Maharashtra Pollution Control Board (MPCB) has granted 'Consent to Operate' in favour of Petitioners for manufacture of Asphalt Mix Plant, crushing and washing sand, stone metal, crushed stone and grit powder, etc, which are commonly referred to as 'stone crushing plants' in the present order.

(3.) According to Petitioners, MPCB is the principal regulator tasked with overseeing and managing pollution control efforts relating to their stone crushing plants. Petitioners claim to have acquired various other permissions and NOCs required for operation of stone crushing plants. They also have been issued mining licenses under the provisions of Maharashtra Minor Mineral Extraction (Development and Regulation)Rules, 2013. Petitioners have given details of various permissions, licenses and NOCs, issued by various statutory authorities in the Petitions.