HC tells MPCB to check ‘noisy’ plant with cop aid

Mumbai: Bombay high court on Monday directed Maharashtra Pollution Control Board (MPCB) to take police assistance to carry out a surprise inspection of a ready-mix concrete plant in a residential area in Bhendi Bazaar. The plant allegedly operates beyond permissible time.
Chief Justice Alok Aradhe and Justice Makarand Karnik heard a petition by Mohammed Sharif Khan, a resident of a nearby building, challenging validity of the March 2022 consent to operate the plant in favour of contractor M/s Lonavala Construction on behalf of Saifee Burhani Upliftment Trust. Khan lodged multiple complaints of all-night construction along with the use of the plant, which results in unbearable noise, dust, air, and calcium chloride pollution. It is affecting his family, including minor children and his bedridden mother, who recently underwent spine surgery.
His advocates, Ronita Bhattacharya Bector and Arif Khan, said the consent to operate was until Mar 31, 2025, but he learned that it was extended. The permissible time limit is between 6 am and 6 pm, but the plant is run beyond it. The judges asked MPCB: "There has to be a time for when it can be operated, or it has to be operated 24 hours?"
MPCB's advocate, Jaya Bagwe, said when officials went for inspection, they were stopped. "The area is such that they don't allow us to go inside. Police protection is required for inspection," she added.
The state's advocate, Atul Vanarse, said he would take instructions. "What is there to seek instructions? You are under an obligation to provide protection," the CJ said.
The judges said that MPCB officers are prevented from discharging their official duties is a ground for cancellation of consent. "At night, you [MPCB] don't carry out an inspection. Residents are being disturbed. And then you say they are not permitting you. How can they stop you from entering the plant?" asked Justice Karnik.
Adjourning the hearing to May 6, the judges directed that in case MPCB officers submit an application to the senior inspector of JJ Marg police station, seeking police assistance, the same shall be provided to enable them to carry out a surprise inspection to find out whether the contractor is running the plant beyond the prescribed time.
Mumbai: Bombay high court on Monday directed Maharashtra Pollution Control Board (MPCB) to take police assistance to carry out a surprise inspection of a ready-mix concrete plant in a residential area in Bhendi Bazaar. The plant allegedly operates beyond permissible time.
Chief Justice Alok Aradhe and Justice Makarand Karnik heard a petition by Mohammed Sharif Khan, a resident of a nearby building, challenging validity of the March 2022 consent to operate the plant in favour of contractor M/s Lonavala Construction on behalf of Saifee Burhani Upliftment Trust. Khan lodged multiple complaints of all-night construction along with the use of the plant, which results in unbearable noise, dust, air, and calcium chloride pollution. It is affecting his family, including minor children and his bedridden mother, who recently underwent spine surgery.
His advocates, Ronita Bhattacharya Bector and Arif Khan, said the consent to operate was until Mar 31, 2025, but he learned that it was extended. The permissible time limit is between 6 am and 6 pm, but the plant is run beyond it. The judges asked MPCB: "There has to be a time for when it can be operated, or it has to be operated 24 hours?"
MPCB's advocate, Jaya Bagwe, said when officials went for inspection, they were stopped. "The area is such that they don't allow us to go inside. Police protection is required for inspection," she added.
The state's advocate, Atul Vanarse, said he would take instructions. "What is there to seek instructions? You are under an obligation to provide protection," the CJ said.
The judges said that MPCB officers are prevented from discharging their official duties is a ground for cancellation of consent. "At night, you [MPCB] don't carry out an inspection. Residents are being disturbed. And then you say they are not permitting you. How can they stop you from entering the plant?" asked Justice Karnik.
Adjourning the hearing to May 6, the judges directed that in case MPCB officers submit an application to the senior inspector of JJ Marg police station, seeking police assistance, the same shall be provided to enable them to carry out a surprise inspection to find out whether the contractor is running the plant beyond the prescribed time.