The Maharashtra Pollution Control Board (MPCB) has alleged that there were various serious violations by Baramati Agro Limited, Baramati Agro Ltd, which is controlled by Nationalist Congress Party (NCP) MLARohit Pawar, and causing environmental damage and hence it was issued a closure notice.
The pollution control board has also refuted the allegations by Pawar that the order was passed in a predetermined and motivated manner claiming that it is an “allegation made out of desperation”.
The contention was made by MPCB in an affidavit filed in response to a plea filed by Baramati Agro challenging the closure notice issued to it under relevant sections of the Water (Prevention and Control of Pollution) Act.
MPCB had issued a notice on September 27 directing closure of part of the Baramati Agro Ltd within 72 hours, that would be early hours on October 1. He challenged this notice before the HC.
The affidavit filed by Shankar Waghmare, regional officer with the MPCB, states that the factory operated by the firm have violated norms prescribed in consent to operate and there are serious violations of environmental norms. “Besides the continuing operations of the Petitioner is posing a threat to the environment and hence, the Petitioner ought not to be allowed to continue the operation until appropriate remedial measures are taken and a Compliance Report is submitted,” the affidavit adds.
Applying the "precautionary" principle and "polluter pays" principle, until the rectification measures are taken and the factory is brought in full compliance with the conditions, and the petitioner pays for the damage caused to the environment, the factory ought not to be allowed to operate.
Order was passed in “predetermined and motivated manner”
Refuting the allegations that the closure order was passed in a “predetermined and motivated manner”, the MPCB has said that it “ is an allegation made out of desperation”.
Justifying its expeditious actions, the Board has said that the same cannot be attributed to motives. “In fact, because of the seriousness of the matters, the action was taken by the Board in an expeditious manner, about which, no motives can be attributed.”
It has claimed that the Violations were found and a notice was issued to which Petitioner submitted a reply and was given a personal hearing too. Thereafter, closure notice was given.
MPCB has said that it is open for him to comply with the norms and come back to the board while will then. Issue necessary directions.
Seeking dismissal of the plea, the affidavit states its order under the Water Act are appealable before the National Green Tribunal.
