National Green Tribunal
William J Mani vs Slum Rehabiliation Authority on 31 May, 2023
Item No. 7 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)
Original Application No. 84/2023(WZ)
Mr. William J. Mani
.....Applicant
Versus
Slum Rehabilitation Authority & Ors.
....Respondent(s)
Date of hearing: 31.05.2023
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Mrs. Vidya Khatu, Advocate along-with Mrs. U.H.
Deshpande i/b Mr. Rochelle Fiona Fernandes, Advocate
ORDER
1. We have heard the learned Counsel for the Applicant at length.
2. The main prayer, which has been made in Clause (a) of the Relief Clauses says that the Respondent Nos. 1 to 8 and Respondent Nos. 11 & 12 be directed not to permit Respondent Nos. 9 & 10/Project Proponents for illegal dumping near the Malad Creek.
3. The learned Counsel for the Applicant has drawn our attention to the permission granted by the Addl. Collector, Mumbai Surban District, Mumbai regarding excavation permission to Respondent No. 10/Stans Buildtech Reality to the extent of 600 Brass from the land bearing C.T.S. No. 3510, S. No. 263-A of Village: Malvani, Taluka: Borivali, Situated at:
Abdul Hamid Road, Gate No. 6, Malvani Malad District Mumbai Suburban and it is emphasized that the debris/excavation material is being dumped at the Malad Creek, which is not permissible. Page 1 of 2
4. We find no specification of the area, where the dumping is being done, has been given by the learned Counsel for the Applicant nor has any documentary evidence is placed on record to the effect that any dumping of such excavated material has been done there.
5. We also find that Respondent Nos. 9 & 10/Project Proponents have not been impleaded through their Directors, which is very essential because notice would be served upon these Respondents through their Directors, therefore, necessary amendment is required to be made, for which we grant one week's time to the learned Counsel for the Applicant. Besides that, the learned Counsel for the Applicant shall also give specification of the area where the dumping is being done along-with the proof.
Put up this matter for admission on 17.07.2023
6. Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM May 31, 2023 Original Application No. 84/2023(WZ) P.Kr Page 2 of 2