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.