Plea in HC seeks closure of RMC plant in Bhuleshwar
The petition alleged that the RMC plant was sanctioned by the MPCB and buildings and proposals department of Brihanmumbai Municipal Corporation (BMC) despite being located in a residential area and within 100 metres of various hospitals and educational institutions, violating the Development Control Regulations.
MUMBAI: The Bombay high court on Monday directed the Maharashtra Pollution Control Board (MPCB) to inspect an allegedly illegal ready-mix concrete (RMC) plant in Bhuleshwar after a petition claimed that it was being operated overnight in a residential area, causing disturbance.
A division-bench of chief justice Alok Aradhe and justice Makarand Karnik heard the petition filed by Mohammed Sharif Zahirullah Khan, which claimed that an illegally constructed RMC plant in Yakub Lane on Hussainiya Marg was operating overnight, causing noise pollution and heavy dust emission. It added that the MPCB had failed to act despite repeated complaints and reminders since July 2024.
The petition, filed in February, alleged that the RMC plant was sanctioned by the MPCB and buildings and proposals department of Brihanmumbai Municipal Corporation (BMC) despite being located in a residential area and within 100 metres of various hospitals and educational institutions, violating the Development Control Regulations. Additionally, it is also stated that a consent to establish (CTE), given as per the pollution control laws to establish large-scale projects, and a consent to operate (CTO), given after completion of construction with listed conditions for the operation of project as per existing environmental norms, were issued in April 2022 but terminated in March 2025.
Khan’s plea also cited violations of various environmental norms, such as the permissible noise pollution, by the RMC plant, which led him to approach the high court. It also mentions that in an earlier order of the high court in October 2024, in a suo moto petition to mitigate the deteriorating air quality, RMC plants have been shifted from green category to orange category. Industries are classified by the central pollution control body as per their pollution potential after considering their pollution index to help with pollution management. While a green category project indicates moderately low pollution potential, an orange category project indicates moderately high pollution potential
After hearing the plea, the court instructed the MPCB to conduct a “surprise inspection” visit to the plant before deciding its legality. “It is your lawful duty to keep pollution in check” said justice Karnik. “You must use police protection, if inspection is obstructed.”
