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Bombay High Court

SANSKRUTI STONE CRUSHER AND M SAND THR ITS PROPRIETORversusGRAMPANCHAYAT NOOL THR ITS SARPANCH AND ANR

Disposal
Disposed Off

Holding

The court held that the matter must be referred to the Maharashtra Pollution Control Board for inspection and determination of compliance before any shutdown order can be issued.

Summary

The petitioners, Sanskruti Stone Crusher and M. Sand, challenged the Gram Panchayat Nool's withdrawal of a No Objection Certificate (NOC) for their stone crushing unit, alleging that the withdrawal was based on villagers' complaints of pollution harming crops. The court noted that the petitioner had obtained necessary permissions from the Maharashtra Pollution Control Board (MPCB) and the State Level Environmental Impact Assessment Authority, subject to conditions. Since the villagers claimed non‑compliance with those conditions, the court held that the competent authority to investigate is the MPCB. Accordingly, the court directed the MPCB to inspect the stone crusher within seven days and, if non‑compliance is found, to take appropriate action within a further week. All parties must be heard before any order, and if the MPCB decides to shut down the unit, implementation is stayed for one week to allow the petitioner to approach the court. The petition was disposed with these directions.

Issues considered

  • Whether the Gram Panchayat can lawfully withdraw the NOC on the basis of alleged pollution without following due process.
  • Whether the Maharashtra Pollution Control Board is the appropriate authority to adjudicate the alleged non‑compliance with environmental conditions.
  • What relief, if any, is appropriate pending verification of compliance with the conditions of the consent to operate.

Subjects

  • environmental law
  • pollution control
  • NOC withdrawal
  • stone crusher
  • Maharashtra Pollution Control Board
  • Gram Panchayat
  • compliance inspection
  • writ petition

Judgment

2026:BHC-KOL:8067-DB

                                                                       22-WP-4769-2023(C).doc


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIRCUIT BENCH AT KOLHAPUR
                                      CIVIL APPELLATE JURISDICTION

                                     WRIT PETITION NO. 4769 OF 2023

               Sanskruti Stone Crusher And M. Sand                       ...Petitioner
               Through Its Proprietor Raj Chandrakant Powar
                         Versus
               Grampanchayat Nool Through Its Sarpanch And Anr.          ...Respondents

                                             ——————
               Mr. Manoj Patil a/w Mr. Siddhesh Kadam for the Petitioner.
               Mr. Aditya Raktade, for the Intervenor.
               Mr. Sudhir N. Patil h/f Mr. Sumit S. Vhanbatte for Respondent No.1.
               Ms. Tejas J. Kapre, AGP for the Respondent-State.
                                               ——————
                                               CORAM : SHARMILA U. DESHMUKH &
                                                          NEERAJ P. DHOTE, JJ.

                                                DATE        : AUGUST 25, 2026.

               P. C. :

               1.        By the present Petition, the challenge is to the withdrawal of the

               NOC by the Gram Panchayat Nool which was granted to the Petitioner

               for running the stone crushing unit, on the ground that the pollution

               caused by the operation of the stone crusher is causing harm to the

               crops, in respect of which complaints have been made by the villagers to

               the Gram Panchayat.

               2.        We have perused the papers and proceedings and find that

               permissions have been obtained from the Maharashtra Pollution


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Control Board and the State Level Environment Impact Assessment

Authority for carrying on the work of stone crushing. The permissions

have been granted by these authorities subject to certain conditions

stated therein.

3.     As it is the contention of the villagers and the Gram Panchayat

that pollution is being caused by reason of the operation of the stone

crushing unit, it would appear that there is non-compliance of the

conditions imposed by the Maharashtra Pollution Control Board and the

State Level Environment Impact Assessment Authority.

4.     In light of the above, as the competent authority would be the

Maharashtra Pollution Control Board, which can deal the grievances of

the villagers and examine the site in order to verify whether there is

compliance with the conditions pursuant to which the consent to

operate was granted, the Petition can be disposed of by directing the

Maharashtra Pollution Control Board to visit the Petitioner's stone

crusher and examine whether the conditions of the consent to operate

are being strictly complied with by the Petitioner.

5.     The visit to be carried out within a period of seven days, and if it is

found that there is non-compliance of the conditions contained in the

consent to operate, pursuant to which the pollution is caused,

appropriate action to be taken within a period of one week thereafter.



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6.     It is made clear that all parties are required to be heard before

any order is passed.

7.     In the event, the decision is taken by Maharashtra Pollution

Control Board to shut down the stone crushing unit, the order not to be

implemented for a period of one week thereafter to enable the

Petitioner to approach this Court.

8.     The Petition is disposed of in the above directions.




 [NEERAJ P. DHOTE, J.]                     [SHARMILA U. DESHMUKH, J.]




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