Mumbai: The Bombay High Court disposed of a public interest litigation (PIL) raising concerns over the operation of ready-mix concrete (RMC) plants in Kurla. The court observed that the petitioner failed to include necessary parties whose rights would be directly affected by any court order.A division bench of Justice Advait M. Sethna and Justice M.S. Sonak noted that while the petitioner, activist Sanjay Tiwari, complained about noise and dust pollution allegedly caused by RMC plants in Kurla, the petition did not clearly disclose the names of the operators, nor were such parties made respondents to the proceedings.The court held that the operators of the RMC plants were necessary parties, as any directions passed would directly impact their operations. “Without impleading the affected parties, no effective or fair adjudication can take place,” the bench observed.Accordingly, the court disposed of the petition, granting the petitioner liberty to initiate fresh proceedings after furnishing complete details and impleading all necessary and proper parties.However, the bench clarified that if the petitioner already lodged complaints with authorities such as the Municipal Corporation of Greater Mumbai (MCGM) and the Maharashtra State Pollution Control Board (MSPCB), those authorities were expected to examine the complaints and verify whether the allegations of dust and noise pollution had merit.“If any truth is found in the complaints, the authorities shall initiate action in accordance with law, after following principles of natural justice and fair play vis-à-vis the operators of the RMC plants,” the court said.
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