National Green Tribunal
Sanjay Vishwanath Lature vs Solapur Municipal Corporation on 25 April, 2022
Item No. 02 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
Original Application No.33/2022(WZ)
Sanjay Vishwanath lature & Ors Applicant(s)
Versus
Solapur Municipal Corporation & Ors. Respondent(s)
Date of hearing: 25.04.2022.
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant(s): Mr. Asim sarode, Advocate
ORDER
1. This Original Application has been filed by the Applicants praying that directions be issued to close down land filling site and to remove the set-up of abandoned processing plant at survey nos. 73 and 74/1 of Village Kasabe Solapur, Taluka-North Solapur, District Solapur. The said land filling site is situated there for more than 50 years and therefore, needs to be shifted to any other location. Further, it is prayed that the damage caused to the environment on account of non-compliance with the Municipal Solid Waste (Management and Handling) Rules, 2000, the Respondent Nos. 1 and 2 be directed to restore and reinstate the garbage dumping site situated at survey nos. 73 and 74/1 of Village Kasabe Solapur, Taluka-North Solapur, District Solapur, to its original. Further, it is prayed that directions may be issued to plan a public garden and walking plaza at the said garbage dumping site and that the damages done by Respondent Nos. 1 and 2 due to their act of negligence, restoration charges may be given by them for restoration of ecology of the said area and a Corporation Committee be formed to overlook such restoration project.
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2. The Learned Counsel appearing for the Applicants Sh. Asim Sarode, Advocate has vehemently argued that the Applicants are residents of the said locality where the garbage filling site is located and they are exposed to bad odor, nuisance and health hazards.
3. Though, no specific distance of their place of residence has been mentioned but it is argued that they are living in close vicinity and are adversely impacted.
4. A substantial question of environmental pollution appears to be made out.
5. Therefore, issue notices to the Respondents. Returnable within four weeks.
6. Applicant is directed to provide copy of the application and relevant documents to the respondents within a week.
7. Respondents are directed to submit their reply within six weeks.
8. Applicant is also directed to take necessary steps for service upon the respondents by both ways and also through available email.
9. We deem it just and proper to call for a report on the matter in issue in present application, from a Joint Committee consisting of:-
(i) Representative from the Central Pollution Control Board (CPCB);
(ii) Representative of the Maharashtra State Pollution Control Board (MSPCB).
(iii) District Magistrate, Solapur District.
10. The Committee is directed to visit the site and submit a factual and action taken report within six weeks. The Maharashtra State Pollution 2 Control Board (MSPCB) will be the nodal agency for coordination and logistic support.
11. The report in the matter be filed by the Committee by e-mail at ngt- [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
12. Applicant is directed to supply the required documents and copy of the application to the members of the Committee forthwith.
Put up with the report on 11.07.2022.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM April, 25, 2022 Original Application No.33/2022(WZ) JG 3