National Green Tribunal
Ganesh Dadarao Anasane vs Amravati Municipal Corporation on 7 September, 2022
Item No.7 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
Original Application No. 60/2019(WZ)
Ganesh Dadarao Anasane
.....Applicant(s)
Versus
Amravati Municipal Corporation & Anr.
....Respondent(s)
Date of hearing: 07.09.2022
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant(s) : Applicant-in-Person
Respondent : Mr. Sangram Singh R. Bhosale, Advocate for R-1
Ms. Manasi Joshi, Advocate for R-3
ORDER
1. Applicant is present in-person.
2. From the side of Respondent No. 1- Mr. Sangram Singh R. Bhosale, Learned Counsel has appeared and from the side of Respondent No. 3- Ms. Manasi Joshi, Learned Counsel has appeared.
3. In compliance with the previous order dated 24.08.2022, affidavit has been filed by Respondent No. 1, wherein relevant portion is as follows:-
"6. The Respondent No. 1 Corporation paid an amount of Rs. 1 Crore to CPCB as Interim Compensation in compliance of the Order dated 15.10.2019 passed by this Hon'ble Tribunal through an RTGS Transaction bearing No. 582281. A copy of the Bank Statement showing a payment of Rs. 1 Crore paid as an Interim Compensation by the Respondent No. 1 Corporation to the Central Pollution Control Board is enclosed.Page 1 of 4
7. Thus, an amount of Rs. I Crore was paid by the Respondent No. 1 Corporation to the Central Pollution Control Board (CPCB) as an Interim Compensation in terms of the Order dated 15.10.2019 and the said amount is currently with CPCB. Without prejudice to the contentions raised hereinbelow, if at all this Hon'ble Tribunal comes to a conclusion that, the Respondent No. 1 is liable for further compensation in terms of the Order dated 10.01.2020 passed by the Principal Bench of this Hon'ble Tribunal in O.A. No. 606 of 2018 an amount of Rs. 1 corre lying as in interim compensation with the CPCB ought to be adjusted in accordance with law.
8. Thereafter the O.A. No. 60 of 2019 (WZ) was heard on 22.06.2020 whereby, the Hon'ble Tribunal was pleased to note that the Principal Bench of this Hon'ble Tribunal was dealing with the issue of the remediation of the Legacy Waste as well as the day to day processing of the Municipal Solid Waste in 0.A. No. 606 of 2018 and by an order dated 10.01.2020 had enumerated a mechanism with regards to levying of Environmental Compensation. Vide the order dated 10.01.2020, the Hon'ble Tribunal had condoned the delay for remediation of the Municipal Solid Waste upto 31.03.2020. It was only from 01.04.2020 till compliance, were the local bodies liable for compensation. Similarly, also the remediation of the Legacy Waste was to commence from 01.04.2020 and the local bodies were liable for compensation till compliance. This Hon'ble Tribunal vide its order dated 22.06.2020 directed the Respondent No. 3 to calculate the Environmental Compensation in accordance with the directions given in Para 36(a) and 36(b) of the aforesaid order.
9. In compliance of the Order dated 22.06.2020 passed by this Hon'ble Tribunal in the present case, the Respondent No. 3 on 10.08.2020 had calculated Environmental Compensation in accordance with the Para 36(a) and (b) of the Order dated 10.01.2020 in O.A. No. 606 of 2018 (PB) for the period commencing from 01.04.2020 to 31.08.2020 i.e. for the period of 5 months, for non-remediation of the Legacy Waste as well as non-processing of the Municipal Solid Waste. The Respondent No. 3 assessed an amount of Rs. 25 lacs each, towards the failure of the Respondent No. l Corporation to comply with the SWM Rules, 2016 and failure of the Respondent No. 1 Corporation to commence and complete the remediation of the Legacy Waste. Thus, total amount of Rs. 50 Lakhs was calculated as compensation in accordance with the para 36 (a) and (b) of the Order dated 10.01.2020 in O.A. No. 606 of 2018 (PB). A copy of the letter dated 10.08.2020 addressed by the Respondent No. 3 to the Respondent No. 1 Corporation bearing No. MPC/RO/AMT/TB/0033/20 alongwith typed copy is enclosed.Page 2 of 4
10. The Respondent No. l Corporation vide a letter dated 19.08.2020 requested the Respondent No. 3 to recalculate the compensation imposed vide a letter dated 10.08.2020. It was contended by the Respondent No. l Corporation that remediation of the legacy waste in the jurisdiction of the Respondent No. 1 Corporation was commenced vide the Work Order dated 20.09.2019 (i.e. prior to 01.11 .20 19) and thus, the assessment of compensation by the Respondent No. 3 was not in accordance with Para 36(b) of the Order dated 10.01.2020 passed by the Principal Bench of this Hon'ble Tribunal in O.A. No. 606 of 2020 (PB). Thus, the Respondent No. 1 Corporation requested the Respondent No. 3 to recalculate the amount of compensation and communicate the same. A copy of the letter dated 19.08.2020 bearing No. AMC/COM/ENV/272/2020 issued by the Respondent No. 1 Corporation to the Respondent No. 3 alongwith typed copy is enclosed.
11. Thereafter, on 21.09.2020, the Respondent No. 3 issued a letter to the Respondent No. 1 Corporation stating that the Compensation of Rs. 50 Lakhs as assessed by the Respondent No. 3 is accordance with the Para 36(a) and (b) of the Order dated 10.01.2020 in O.A. No. 606 of 2018 (PB) and thus, dırected the Respondent No. 1 Corporation to deposit an amount of Environment Compensation of Rs. 50 lakh in the account of Central Pollution Control Board. A copy of the letter dated 21.09.2020 bearing No. MPC/RO/AMT/TB/432/20 issued by the Respondent No. 3 to the Respondent No. 1 Corporation is enclosed.
12. On 21.09.2020, in receipt of the letter dated 21.09.2020 issued by the Respondent No. 3, the Respondent No. 1 Corporation deposited an amount of Environmental Compensation of Rs. 50 Laklı through RTGS transaction from the account of the Respondent No. 1 Corporation in the Bank‹ of Maharaashtra to the account of CPCB in Bank of India. A copy of the RTGS transaction dated 21.09.2020 showing deposit of Rs. 50 lakhs from Respondent No. 1 Corporation to CPCB towards Environmental Compensation alongwith typed copy is enclosed."
4. The above reply makes it clear that a sum of Rs. 1.5 Crores had already been deposited by the Respondent No. 1 with the Central Pollution Control Board (CPCB).
5. The Respondent No. 3/Maharashtra Pollution Control Board (MPCB) has also filed reply affidavit dated 06.09.2022 in reply to the affidavit of Respondent No. 1 dated 05.09.2022. Page 3 of 4
6. The contents of the affidavit filed by the Respondent No. 3/MPCB are not clear. The Learned Counsel for the Respondent No. 3 is directed to submit a clear affidavit, stating the total calculation of the compensation which is to be realized from the Respondent No. 1, within 03(three) days, as prayed.
7. The Learned Counsel for the Respondent No. 1 prays that he may be allowed to represent before the Respondent No. 3/MPCB with respect to the final calculation of the compensation. We allow the request and direct the Respondent No. 3 to give hearing to the Learned Counsel for the Respondent No. 1 before making final calculation and place the facts before us within 03(three) days through an affidavit.
Put up this case on 14.09.2022.
8. Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM September 07, 2022 Original Application No. 60/2019(WZ) P.Kr Page 4 of 4