Bombay High Court
Sociedade De Fomento Industrial Private Limited,versusState of Maharashtra
Holding
The Court held that the authorities acted arbitrarily in contravention of the EIA Notification, 2006 and ordered the petitioner to file a fresh application for TOR with expeditious consideration.
Summary
Sociedade De Fomento Industrial Private Ltd filed a writ petition challenging the cancellation of a public hearing and the consequent expiry of the Terms of Reference (TOR) for its project. The petition alleged that the Sub‑Divisional Officer and the Collector acted arbitrarily, contravening the Environment Impact Assessment (EIA) Notification, 2006. The High Court expressed strong disapproval of the authorities' actions, noting the statutory breach. It directed that the petitioner must re‑apply for fresh TOR and urged the Union of India to expedite the process. The Court also instructed the state authorities to cooperate fully and to heed the observations made in its earlier order. The petition was thereafter disposed.
Issues considered
- Whether the cancellation of the public hearing and the resulting expiry of the TOR was lawful under the EIA Notification, 2006
- Whether the actions of the Sub‑Divisional Officer and the Collector amounted to arbitrary and illegal exercise of power
- What appropriate relief, if any, should be granted to the petitioner in view of the procedural lapse
Legislation cited
Subjects
- Environmental Law
- EIA Notification 2006
- Terms of Reference
- Public Hearing
- Statutory Compliance
- Arbitrary Action
- Expeditious Disposal
Judgment
2026:BHC-KOL:9800-DB
19-WP-4444-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4444 OF 2026
Sociedade De Fomento Industrial Private Limited ...Petitioner
Versus
The State Of Maharashtra And Ors. ...Respondents
——————
Mr. Parag Rao (through VC) a/w Ms. Vrushali Maindad, Ms. Seema
Shirodkar, Ms. Gayatri Kulkarni, for the Petitioner.
Mr. S.B.Kalel, AGP for the Respondent-State.
Mr. Vijay Killedar a/w Mr. Shivraj Jagadale, for the Respondent No. 2.
Mr. Jitendra Jagtap a/w Mr. Akshay Patil (through VC), Mr. Chirag
Sancheti, Dr. Rohidas Matkar, for the Respondent No. 3-MPCB.
——————
CORAM : SHARMILA U. DESHMUKH &
NEERAJ P. DHOTE, JJ.
DATE : OCTOBER 08, 2026.
P. C. :
1. The Petition was filed and moved urgently in view of the
cancellation of the public hearing scheduled on 7th September, 2026
with the consequence that the validity of Terms Of Reference (“TOR”)
expired on 11th September, 2026. By order dated 8th September, 2026,
this Court had expressed the strong disapproval at the action taken by
the Sub-Divisional Officer and the Collector, which was contrary to the
Environment Impact Assessment “(EIA”) notification of 2006.
2. Considering that the validity of TOR has since now expired, the
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19-WP-4444-2026.doc
Petitioner will be required to file afresh for the TOR. The authorities to
bear in mind that the arbitrary manner in which the authorities have
acted have resulted in serious consequences, not only to the Petitioner
but also to the efforts taken in finalizing the TOR, which exercise will
have to be conducted once again, and it cannot be disputed that
considerable time and efforts will now be expended in finalizing the
TOR.
3. It is expected that as statutory authorities, there would be
compliance with the statutory provisions. Be that as it may. As the
Petitioner will now apply afresh for fresh TOR, the Union of India is
requested to consider the same as expeditiously as possible. It is
expected that the state authorities will take appropriate note of the
observations made by this Court in the order dated 8 th September, 2026
and will ensure full co-operation in carrying out their duties under the
EIA notification.
4. The Petition is disposed of in the above terms.
[NEERAJ P. DHOTE, J.] [SHARMILA U. DESHMUKH, J.]
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