The Bombay High Court has granted a temporary extension for Baramati Agro Limited, a sugar factory company linked to Nationalist Congress Party (NCP) lawmaker Rohit Pawar, the grandnephew of NCP Chief Sharad Pawar. The High Court, in response to the company's plea, has postponed the enforcement of the shutdown order until 5 PM on October 6 and scheduled a further hearing for that date.
Baramati Agro received the shutdown order from the Maharashtra Pollution Control Board (MPCB) in the early hours of September 28, 2023, at 2 AM. The MPCB had instructed the company to close its distillery unit within 72 hours, as per the order issued by its Pune regional office on September 27, 2023.
The company's legal representation, Senior Advocate JP Sen, argued before the High Court that the MPCB's order infringed upon Article 19 (1) (g) of the Constitution, as it curtailed the company's fundamental right to engage in business and trade. The petition further contended that the closure order was politically motivated and an excessively severe and disproportionate measure.
The plea stated, "The order has been passed owing to political influence and considering the present political situation to pressurize the director of Baramati Agro, Rohit Pawar, who is also a Member of the Legislative Assembly of Maharashtra."
Additionally, the petition criticized the MPCB for failing to conduct a thorough scientific assessment of the environmental damage or harm purportedly caused by Baramati Agro. It argued that the MPCB's regional officer had not considered the true intent of the Water and Air Act.
The company also asserted that since its establishment in 2007-08, there had been no instances of environmental violations or show cause notices issued. It disclosed that Baramati Agro had invested ₹218.1667 crores in expanding its distillery units after May 2023.
This is not the first legal action taken against the company. Earlier this year, an FIR was filed against Baramati Agro for alleged disobedience of a public servant's order. The complaint was lodged by Ram Shinde, a Member of the Legislative Council from the Bharatiya Janata Party (BJP), who had lost to Pawar in the 2019 assembly elections. In that case, the High Court temporarily halted the criminal proceedings against the company, and the matter remains pending before the Court.
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TAGS: Bombay High Court Baramati Agro Limited temporary extension shutdown order MPCB Article 19 (1) (g) Constitution political influence environmental assessment distillery unit expansion legal action FIR Member of Legislative Council.
