The Bombay High Court has cancelled a closure order issued by the Maharashtra Pollution Control Board (MPCB) against a ready-mix concrete plant in Thane, after observing that the action was taken at the behest of Maharashtra Transport Minister Pratap Sarnaik.
A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam A Ankhad noted that the MPCB’s October 8 closure directive was clearly influenced by Sarnaik’s complaint dated September 9.
“Quite clearly, the communication dated 8th October 2025 containing the closure directions has been issued by the Regional Officer, MPCB at the instance of the letter dated 9th September 2025,” the court said.
CLOSURE ORDER LINKED TO MINISTER’S COMPLAINT
Raj Transit Infra Private Limited, which operates the concrete plant, had challenged the MPCB’s direction before the court. The bench observed that the entire proceedings against the company stemmed from Sarnaik’s complaint alleging air pollution from the plant.
The MPCB had first initiated action on July 2 through a communication signed by its Regional Officer. The final closure order, also signed by the Regional Officer, directed the company to immediately shut down operations and instructed authorities to disconnect its electricity and water supply.
However, the bench found that the July 2 communication made no reference to Sarnaik’s complaint, and the minister’s letter was mentioned for the first time only in the 8 October closure communication. The court held that this rendered the proceedings “vitiated” and tainted by bias.
COURT FLAGS VIOLATION OF NATURAL JUSTICE
The judges ruled that the 8 October communication contained a quasi-judicial determination that adversely affected the company’s right to conduct business, and that it was issued “against the rules of natural justice.” Citing a Supreme Court judgment, the bench reminded that executive officers entrusted with statutory discretion must exercise personal judgment and cannot rely solely on external influence.
POLLUTION BOARD GIVEN LIBERTY TO INSPECT PLANT AGAIN
While quashing the closure order, the court allowed MPCB to carry out a fresh inspection of the plant. If the board detects any deficiencies, it may issue a show-cause notice and give the company an adequate opportunity to rectify the issues.
The ruling effectively nullifies the earlier closure action while permitting the regulatory board to proceed independently and lawfully in accordance with environmental norms.
– Ends
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