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
Jamadar-SL 1 of 3
22-WP-4769-2023(C).doc
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.
Jamadar-SL 2 of 3
22-WP-4769-2023(C).doc
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.]
Jamadar-SL 3 of 3
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