Bombay HC Upholds Mall Closure Over Environmental Clearance

Bombay HC Upholds Mall Closure Over Environmental Clearance

Bombay HC Upholds Mall Closure Over Environmental Clearance

The Bombay High Court has upheld the decision to close a suburban mall operated by Grauer and Weil (India) Limited for failing to obtain the required environmental clearance. The court noted that the operation of such an establishment without proper clearance poses a significant environmental concern, emphasizing the seriousness of the ecological issue.

In its judgment, a division bench of Justices M S Sonak and Jitendra Jain criticized the petitioner company for disregarding environmental laws. The court stated that Grauer and Weil (India) Limited had shown "scant regard for environmental concerns" by constructing and operating the mall without obtaining the mandatory clearance. It was further noted that the company's claim of applying for clearance under an amnesty scheme did not justify proceeding with construction or operating the mall without clearance.

The court rejected the company's argument that no urgent action was needed and dismissed the petition challenging the closure order issued by the Maharashtra Pollution Control Board (MPCB) on March 5. The bench pointed out that allowing the mall to continue operations without the necessary environmental approval would only exacerbate the ecological risks. The court directed the MPCB to immediately enforce the closure directions.

The petitioner’s request to bypass the closure order due to an unapproved amnesty scheme application was also denied. The court made it clear that no amnesty scheme could grant the right to operate without complying with environmental laws, and the company’s pending application did not serve as a valid excuse to continue illegal operations.

About the author
Sandeep Sadh

About Sandeep Sadh

Sandeep Sadh has been in the real estate business since 1993 in Mumbai. He has expertise in Buying, Selling, Leasing properties in Mumbai and a deep understanding of legal and tax related matters due to his experience.

Summary

Over the years, he has experienced the City's growth. He has been a columnist in the Times of India with numerous articles, which bring about a clear picture of the real estate market in Mumbai. He is a regular on NDTV, CNBC, ET Now Real Estate and Zee News, giving his experienced quotes as and when required.

Sandeep Sadh has used information and technology since the year 1998 and now what people call it Prop Tech to cater to the needs of Home Buyer, Seller, Investor and Corporates, HNI and NRI looking to Buy/Sell or Lease their properties in the Mumbai Property Market.

Sandeep has a holistic experience of real estate be it Leasing an Apartment for your CEO in the most upmarket buildings, to enter into a long lease for your office in Mumbai in prime buildings or an Investment in good projects with a detailed analysis keeping in mind the Demand and Supply and other micro factors of the project/property.

Sandeep Sadh has developed a few websites like www.mumbaipropertyexchange.com, www.realestatemumbai.com, www.propi.in which augment the real estate consulting business.

Right from Investments in Primary Markets to Selling, leasing and specializing for NRI’s all over the world. He is an expert in NRI Home Buying and Selling and has a good understanding of the Income Tax laws pertaining to Selling a Property and Repatriating funds overseas or reinvesting based on Capital Gains etc.

Experience

  • Residential Leasing
  • Commercial Leasing
  • Residential Home Buying
  • Commercial Property Buying
  • Investment Properties with complete Property Management as your Real Estate Family office

While transacting in the above segments, he has complete experience and deep understanding of the paper work, his areas of expertise are :

  1. Drafting of the Leave and License Agreements
  2. MOU for Buying/Selling Properties
  3. Drafting Agreement for Sale
  4. Gift Deeds
  5. Computing of Capital Gains with current ready reckoner values
  6. Drafting of Supporting Power of Attorney.

As an add on Service, Sandeep Sadh has tied up with various Professionals like Lawyers and Chartered Accountants who add value in transacting and specially services for Non Resident Indians.

Application to Income Tax for Lower Tax Deduction Certificate – Through a qualified CA and keeping a grip on the traction so that the remittance back to Non Resident Indians after Selling the property is seamlessly transferred.

You can connect with Sandeep Sadh on ssadh@mumbaipropertyexchange.com

LinkedIn - https://www.linkedin.com/in/sandeepsadhmpe/