DADHE CONSTRUCTIONS PVT LTD AND ANRversusSTATE OF MAHARASHTRA ENVIORNMENT PROTECTION ACT AND ORS AND ORS

                                    Digitally
                                    signed by
                                    CHITRA
                           CHITRA   SANJAY
                           SANJAY   SONAWANE
                           SONAWANE Date:
                                    2026.09.29
                                    12:05:52
                                    +0530



Chitra Sonawane.                                                       36-WP-10114-26.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIVIL APPELLATE JURISDICTION

                          WRIT PETITION NO.10114 OF 2026

Dadhe Constructions Pvt Ltd. & Anr.                  .. Petitioners.
          Vs.
State of Mahrashtra & Ors                            ... Respondents.

                              ...
Mr Saket Mone a/w Anchita Nair and Fatema Kothari i/by Vidhii
Partners for the Petitioners.

Mrs Neha Bhide, GP a/w OA Chandurkar, Addl. Govt Pleader a/w Mrs
GR Raghuvanshi, AGP for Respondent Nos.1 to 3.

Mr Jitendra Jagtap for R-4.(MPCB).
                                  ...

                   CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                           ADVAIT M. SETHNA, J.

                   DATE     : 28th SEPTEMBER, 2026.

P.C. :

1.        Heard learned Counsel for the parties.

2.        The instant Writ Petition has been preferred by the Petitioners for
following substantive reliefs :
           "a) That this Hon'ble Court be pleased to issue a writ of
           certiorari or a writ in the nature of certiorari or any other
           appropriate writ, direction or Order under Article 226 of the
           Constitution of India, thereby calling for the papers and
           proceedings culminating in the Impugned Order-l in Item No.
           1 in the 337th (Part B) Meeting dated 12th May 2026
           uploaded on 21 May 2026 (Exhibit-Z) issued by Respondent
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           No. 2-SEIAA and after going through the legality and validity
           thereof, may be pleased to quash and set aside the same;
           b) That this Hon'ble Court be pleased to issue a writ of
           certiorari, or a writ in the nature of certiorari or any other
           appropriate writ, direction or Order under Article 226 of the
           Constitution of India, thereby calling for the papers and
           proceedings culminating in the Impugned Order-2 in Item
           No. 38 in 194th meeting dated 16th August 2024 (Exhibit-Q)
           issued by Respondent No. 3-SEAC-3 and after going through
           the legality and validity thereof, may be pleased to quash and
           set aside the same;
           c) That this Hon'ble Court be pleased to issue a Writ of
           Mandamus or a Writ in the nature of Mandamus or any other
           appropriate writ, direction or Order under Article 226 of the
           Constitution of India directing Respondent No. 2-SEIAA and
           Respondent No. 3-SEAC-3 to reconsider and forthwith grant
           the prior Environmental Clearance to the Petitioner as sought
           in the Petitioner's Application dated 24th May 2024 (Exhibit-
           0)
           d)      That this Hon'ble Court be pleased to issue a Writ of
           Mandamus or a Writ in the nature of Mandamus or any other
           appropriate writ, direction or Order under Article 226 of the
           Constitution of India directing Respondent Authorities to
           forthwith grant all the requisite approvals and permissions
           required for the said project in accordance with law;


3.        The Petitioners have assailed the Impugned Orders dated 12th May
2026 passed by Respondent No.2 and Order dated 16th August 2024
passed by Respondent No.3 holding that the Petitioners have carried out

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construction activity without obtaining prior Environmental Clearance
and is in violation of provisions of Environmental Impact Assessment
Notification 2006 read with Environment (Protection) Act, 1986.


4.        At the outset, the learned Counsel for the Petitioner, in support of
his submission placed reliance on the Order of the Coordinate Bench of
this Court dated 6th August 2024, in the case of Haroon Ebrahim Patel
Vs. The State of Maharasthra & Ors. in Writ Petition No.363 of 2020. He
submits that the present matter is covered by the said Order. In this view
of the matter, in the event this Court is inclined to remand the
proceedings to the Competent Authority, for reconsideration, the
Respondents have no objection for the same.

5.        Considering the factual situation as emerged in this Petition and
prima facie, as we find this case being covered by the Order in Haroon
Ebrahim Patel (supra), we are not inclined to keep the matter pending
any further. Hence, to meet the ends of justice, the Writ Petition is partly
disposed of in the following terms :
            (i) The Impugned Orders dated 12th May 2026 and 16th August
            2024 are quashed and set aside.
            (ii) The proceedings in regard to the aforesaid Impugned Orders
            are    remanded back to the Competent Authority for de novo
            consideration.
            (iii) The Competent Authority to hear the parties and decide the
            matter within 8 weeks from the production of certified copy of
            this Order before the Competent Authority by the Petitioners.


     [ADVAIT M. SETHNA, J.]                               [CHIEF JUSTICE]
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