The Bombay High Court has affirmed the closure of a mall in the Kandivali area, operated by Grauer and Weil (India) Limited, for failing to obtain necessary environmental clearances. Justices M S Sonak and Jitendra Jain criticized the company for its disregard for environmental laws and upheld the closure order issued by the Maharashtra Pollution Control Board (MPCB) on March 5.
The court noted the severe ecological concerns raised by the mall’s operation without the required clearances. “Operating a mall that is constructed without obtaining any environmental clearance is extremely serious and magnifies the seriousness of the ecological issue,” the bench stated in its order.
Grauer and Weil (India) Limited had contested the MPCB’s decision, arguing that it had applied for clearance under an amnesty scheme in 2016, and therefore, the closure order was unjustified. The company’s advocate, Ayush Agarwal, maintained that the application was still pending and argued that the principles of natural justice were not followed in the execution of the closure order.
However, the court dismissed these arguments, emphasizing that the lack of environmental clearances cannot be overlooked simply because the company sought amnesty. “The contention that the petitioner has applied for clearance under some amnesty scheme certainly does not entitle it to reap commercial profits at the cost of environmental clearances,” the bench said.
The justices were firm in their decision that ongoing legal violations could not be excused while waiting for an amnesty application to be processed. “No amnesty scheme entitles establishment or operations without consent under the air and water pollution control legislation,” they noted, adding that the pendency of an application does not equate to a grant of environmental clearance or allow the company to continue its operations indefinitely.
