Perkins India Private Limited, Through ... vs State Of Maharashtra, Through ...
2025 Latest Caselaw 4773 Bom

Bombay High Court

Perkins India Private Limited, Through ... vs State Of Maharashtra, Through ... on 25 August, 2025

 2025:BHC-OS:14108-DB
                                                                                         3-WPL-22890-2025.doc


                Pdp
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       ORDINARY ORIGINAL CIVIL JURISDICTION

                                            WRIT PETITION (L) NO. 22890 OF 2025

                              Perkins India Private Limited                           .. Petitioner

                                      Versus

                              State of Maharashtra & Ors.                             .. Respondents

                              Mr. Nikhil Sakhardande, Senior Advocate with Ms. Shubhra
                              Paranjape and Mr. Dharmesh S. Jain i/by Mr. Anil T. Agarwal
                              for petitioner.

                              Mr. Amar Mishra, AGP for respondent no.1 - State.

                              Mr. Pavan S. Patil for respondent no.4 - UoI.

                                                        CORAM: ALOK ARADHE, CJ. &
PRAVIN
          Digitally signed
          by PRAVIN
          DASHARATH
                                                               SANDEEP V. MARNE, J.

DASHARATH PANDIT PANDIT Date:

2025.08.25 18:26:10 +0530

DATE: 25th AUGUST, 2025 P.C.:

1. In this writ petition, the petitioner, inter alia, prays for a direction to respondent no. 2 - State Environment Impact Assessment Authority, Maharashtra (SEIAA) to decide the proposal received by it for seeking environmental clearance in Chhatrapati Sambhajinagar (Aurangabad) by considering the current Comprehensive Environmental Pollution Index (CEPI) score of Chhatrapati Sambhajinagar (Aurangabad) as updated/published by respondent no. 3 - Maharashtra Pollution Control Board, which is 58.1.

2. Learned senior counsel for the petitioner submits that the issue involved in this writ petition is squarely covered by an order dated 30th April, 2025 passed by this Court in Writ

3-WPL-22890-2025.doc

Petition No. 4803 of 2025. The aforesaid submission has not been disputed on behalf of the respondents.

3. It also appears that due to lack of clarity about the authority of SEIAA to decide the proposal for environment clearance due to challenge to the Notification dated 29 th January, 2025 before the Supreme Court in Writ Petition (C) No. 166 of 2025, SEIAA was not deciding the proposal. By judgment dated 5th August, 2025, the Apex Court has substantially upheld the Notification dated 29 th January, 2025 and SEIAA has the authority to decide petitioner's proposal.

4. In view of the aforesaid and for the reasons assigned by this Court in the order dated 30th April, 2025, passed in Writ Petition No. 4803 of 2025, the present writ petition is disposed of with the following directions: -

The proposal made by the petitioner seeking environmental clearance from respondent no.2 be considered in accordance with law on the basis of current CEPI score of the Chhatrapati Sambhajinagar (Aurangabad) region as updated/published by respondent no. 3 - Maharashtra Pollution Control Board within a period of four weeks from the date of uploading of the order.

5. It is clarified that this Court has not expressed any opinion on merits of the matter.

(SANDEEP V. MARNE, J.) (CHIEF JUSTICE)