National Green Tribunal
Pratiksha Kothule vs State Of Maharashtra on 11 September, 2024
Item No.03 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 946/2024
Pratiksha Kothule ...Applicant
Versus
State of Maharashtra ...Respondent
Date of hearing: 11.09.2024
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Applicant in person
ORDER
1. A letter petition dated 13.11.2023 has been sent by Pratiksha Kothule resident of RH 22, Ashok Astoria, Govardhan Village, Nashik, Maharashtra and on the basis of said letter petition, this Original Application (hereinafter referred to as 'OA') has been registered under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as 'NGT Act, 2010') in exercise of suo motu jurisdiction in view of the law laid down by Supreme Court in Municipal Corporation of Greater Mumbai Versus Ankita Sinha and Others, (2022) 13 SCC
401.
2. Complainant has said that garbage is being dumped unscientifically and irregular manner in Govardhan Village, located on Gangapur Road, Nashik and on several occasions, garbage is illegally burnt causing air pollution, emitting foul smell in the area in question.
3. In our view, a substantial question relating to environment due to implementation of enactment mentioned in Schedule I of NGT Act, 2010 has arisen but before proceeding further in the matter, we find it 1 appropriate to obtain a Factual Report for which we constitute a Joint Committee comprising Collector/District Magistrate, Nashik, Maharashtra Pollution Control Board and Municipal Commissioner, Nashik.
4. Collector/District Magistrate, Nashik shall be the Nodal Agency for co-ordination and compliance of this order.
5. The above Joint Committee shall visit the site, collect relevant information and submit a Factual Report before Registrar, Western Zone Bench, at Pune, of this Tribunal within one month.
6. Since the matter relates to Western Zone Bench, Pune, Registry is directed to transmit record of this application to Western Zone Bench at Pune for further proceedings.
7. List for further consideration on 17.10.2024.
Sudhir Agarwal, JM Dr. Afroz Ahmad, EM September 11, 2024 Original Application No. 946/2024 ag 2