HC stays pollution board orders to shut CG Power and Goodyear plants ahead of Diwali

The Maharashtra Pollution Control Board had ordered CG Power and Industrial Solutions and Goodyear South Asia Tyres to shut their factories. The Aurangabad bench of the Bombay High Court has granted an interim stay on both orders. The ruling was delivered by Justice Ajit B. Kadethankar. The two companies have got temporary relief just before Diwali.

The two companies had filed separate petitions, which the court heard. The judge passed the order keeping in mind that if the factories were shut, the livelihoods of the families of thousands of workers could be affected. The next hearing in the case will be on November 19.

The board had asked CG Power to stop production on November 3 and Goodyear Tyres on November 4. Directions to cut off water and electricity supply had also been issued. The action was taken under provisions of the laws on prevention of water and air pollution.

CG Power's factory has approval to continue production until June 30, 2027. An inspection in June had recorded deficiencies relating to the bank guarantee, the operation of the sewage treatment plant and the quality of effluent. The company says it has deposited the bank guarantee and had also given its explanation on the remaining technical deficiencies. The company argued in court that, despite a show-cause notice, the board issued the closure order without considering its reply.

Goodyear Tyres' case was different. On October 24, the company was given a renewal of the approval to operate the factory until September 30, 2029. The company told the court that a closure order was served on it just a few days later. If both factories were shut during Diwali, the earnings of thousands of families dependent on them would be affected.

The court said whether the petitions would stand on merit at the final hearing was a separate matter. But if the factories were abruptly shut at the very time of the festival, the families of thousands of workers dependent on them would face the prospect of going hungry. To protect them, the court granted an interim stay on both orders.

At the hearing, Advocate Subodh Shah appeared for CG Power and Advocate Shrikant V. Advant for Goodyear. Assistant Government Pleader Advocate P. S. Patil presented the government's side.

The approval for CG Power's factory is valid until June 30, 2027 and that for Goodyear Tyres until September 30, 2029. The court has granted an interim stay on the production closure orders against both companies, and the next hearing will be on November 19.