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 Through Its Proprietor Raj Chandrakant Powar ...Petitioner 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 2026:BHC-KOL:8067-DB 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. 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