Created by Fuzzy Cloud

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




               Arya Chavan                        1 of 2
                                                          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.]




Arya Chavan                       2 of 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.