Modifies JMFC order stopping work and directs staff to be present at all hearings.
The Bombay high court recently modified the order of a local court to stop work on a proposed power project by the Hindustan Electricity Generation Company (HEGC) at Navlakh Umbre village, about 40 km from Pune.
The high court also clarified that executive director of HEGC, Niranjan Hiranandani, wife Komal and son Darshan need not attend every hearing of the case filed against the company in the local court at Wadgaon Maval.
The HEGC said in a press statement that after the order by the judicial magistrate first class (JMFC), the work on the compound and monsoon works of the project were stopped. However, these restrictions would stand removed after the order by the high court.
A private complaint was filed by Navlakh Umbre Parisar Paryavaran Vikas Sangh in the court alleging that the project is causing damage to the environment and has breached the provisions of the Environment (Protection) Act, 1986.
The case was heard by JMFC, RD Hajare. Summons was issued to Hiranandani, wife Komal and son Darshan and three officers.
The Hiranandanis and officers attended the hearing. While granting bail to these persons, the JMFC restrained the company from undertaking any work at the project site. The company later filed a review petition before the Bombay high court.
The petition was heard by Justice BR Gawai on June 9. The bench clarified that the JMFC could not impose a condition stopping the work and issued directions accordingly.
The JMFC had imposed a condition that all directors of the company as well as officers should be present for every hearing and action would be taken if there is any lapse on this count. The HC clarified that the directions for attending every hearing and action should be deleted from the order of the JMFC and the directors of company and officers should be asked to attend hearing only when it was necessary, according to the press statement.
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