SANGARSH SAMITI MAAN GRAM PANCHAYAT AND PARISHAR THRU AUTHORISEDversusTHE STATE OF MAHARASHTRA THRU SECREARTY AND ORS

                                                                                         908-WP.7977.2026.doc

    Salunke
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                         WRIT PETITION NO. 7977 OF 2026

                      Sangarsh Samiti Maan Gram Panchayat                   }
JAYANT
VISHWANATH
SALUNKE
                      and Parishar                                          }      Petitioner
Digitally signed by
JAYANT VISHWANATH
SALUNKE
                           Versus
Date: 2026.10.07
11:18:19 +0530
                      The State of Maharashtra & Ors.                       }      Respondents


                      Mr. Rajesh Khobragade with                   Adv.   Lubdha     Bhoir,
                      Advocates for the Petitioner.

                      Ms. Neha S. Bhide, Government Pleader with Mr. O. A.
                      Chandurkar, Additional Government Pleader and Ms. G.
                      R. Raghuwanshi, AGP for Respondent Nos. 1 to 4 (State).


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

                                    DATE       : 6th OCTOBER, 2026

                      P.C.:
                      1.      By the instant Writ Petition, the Petitioner, inter alia, seeks
                      the following substantive reliefs:-

                               “(a) Rule be issued;
                               (b) That this Hon'ble Court be pleased to Issue a Writ of Certiorari
                               quashing the Public Hearing Notice dated 04.03.2026 (Exhibit B)
                               issued by Respondent No. 5 for the project of Respondent No. 6
                               scheduled on 08.04.2026.
                               (c)   That this Hon'ble Court be pleased to Issue a Writ of Mandamus
                               and or any other, writ, order and direction and direct the Respondent
                               No. 5 that any future Public Hearing for projects in Scheduled Areas
                               shall only be conducted at a neutral public venue such as the Office
                               of the Collector, Palghar, or the Grampanchayat Office, and not at the
                               private premises of the project proponent
                               (d) That this Hon'ble Court be pleased to Issue a Writ of Mandamus
                               and or any other, writ, order and direction and direct the
                               Respondents to not proceed with any regularization, expansion, or
                               environmental clearance for M/s. Viraj Profiles Pvt. Ltd. unless and
                               until the prior, informed, and free consent of the concerned Gram

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        Sabha is obtained in writing, as mandated by the PESA Act and the
        Niyamgiri judgment of the Hon'ble Supreme Court.
        (e) That this Hon'ble Court be pleased to Issue a Writ of Mandamus
        and or any other, writ, order and direction and direct the Respondent
        Nos. 1 to 5 to immediately inspect the existing plant of Respondent
        No. 6 and ensure that no untreated/partially treated chemical
        effluent is discharged into the natural water bodies, and to file a
        compliance report.
        (f)  Pending the hearing and final disposal of this Petition that this
        Hon'ble High Court be pleased to stay the Public Hearing is
        scheduled for 08.04.2026 (i.e., day after tomorrow). If the same is
        allowed to proceed at the illegal venue without the Gram Sabha's
        consent, the entire purpose of the PESA Act and the Niyamgiri
        judgment will be defeated, and irreversible damage will be caused to
        the environment and the rights of the tribal community.
        (g) Pending the hearing and final disposal of this Writ Petition, this
        Hon'ble Court may be pleased to stay the Public Hearing scheduled
        for 08.04.2026 at Gut No. 27, Maan, by Respondent No. 5.
        (h) This Hon'ble Court may be pleased to restrain Respondent No. 6
        from commencing any construction or expansion activity or from
        altering the status quo of the land in question.”

2.     The learned Counsel for the Petitioner, on instructions,
submits that the Petitioner is not pressing the reliefs as claimed
vide Prayer Clauses ‘b’ and ‘f’ (supra) as the same have been
rendered infructuous. Statement is accepted.

3.     Insofar as the other reliefs are concerned, the learned Counsel
for the Petitioner submits that the Writ Petition be disposed as
withdrawn with liberty to the Petitioner to assail the decision, if
any, of the Competent Authority, concerning the subject matter of
this Petition in a fresh proceeding in accordance with law.

4.     The Writ Petition is Dismissed as Withdrawn with the
aforesaid liberty.



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




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