Narayan Pandhari Wazire vs Prakash Shankar Manatkar
2023 Latest Caselaw 1979 Bom

                                                                                             (1)                                                 916wp2650.21

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      NAGPUR BENCH : NAGPUR

                                             WRIT PETITION NO. 2650 OF 2021
                     Narayan Pandhari Wazire__ Vs. ___Prakash Shankafr Manatkar
  ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Coram,                                                                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
  ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
           Ms. Rani Nitnaware, Advocate h/f Mr. O.Y.Kashid, Advocate for petitioner
           Mr. A.M.Tirukh, Advocate for the respondent.


                                                                           CORAM :                     AVINASH G. GHAROTE, J.

                                                                           DATE  :                     28/02/2023


                                               1]                           The petition challenges the order dated

15.2.2021 (pg. 35) whereby the application for issuance of warrant of attachment of the property of the judgment debtor/JD on account of violation of the judgment passed in RCA No.173/2009, dated 4.2.2011 (pg.62), has been granted on the ground that the petitioner has not obtained the requisite NCO from the Pollution Control Board, though the NOC from Gram Panchayat, Khadki (pg. 65) dated 7.2.2011 was obtained.

2] What is material to note is that by the judgment dated 4.2.2011 in RCA No. 173/2009, the petitioner/judgment debtor/defendant was restrained from carrying out the work of fabrication and welding on plot No. 6-B, adjoining the house of the plaintiff unless he obtains due permission from Gram Panchayat, Khadki as well as the Pollution Control Board. It is not in dispute that the Gram Panchayat, Khadki has granted NOC on (2) 916wp2650.21

7.2.2011. The bone of contention is that there is no permission from the Pollution Control Board.

3] It is contended by Ms. Nitnaware, learned counsel for the petitioner/judgment debtor that the fabrication work which is being done by the petitioner does not require such NOC from the Pollution Control Board in view of the final document on revised classification of industrial sectors under Red, Orange, Green and White category dated 29.2.2016, issued by the Pollution Control Board, Delhi and table G-5: Final List of White Category Industries at Sr.No. 14, which includes "Engineering and Fabrication Units" (dry process without any heat treatment/metal surface finishing operations, painting).

4] It is submitted that the fabrication unit of the petitioner is a dry process without heat treatment, which position is disputed by the Mr. Tirukh, learned counsel for the respondent No.1. In order to substantiate this position, he seeks some time, considering which list the matter on 1.3.2023.

JUDGE Rvjalit

Digitally sign byRAJESH VASANTRAO JALIT Location:

Signing Date:28.02.2023 18:57