National Green Tribunal
Maj. Gen. S. C. N. Jatar Retd vs Municipal Corporation Of City Of Pune ... on 23 February, 2023
Item No.6 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
EXECUTION APPLICATION NO.07 OF 2022 (WZ)
IN
ORIGINAL APPLICATION NO.190 OF 2016 (WZ)
Maj. Gen. S.C.N. Jatar (Retd.) .... Applicant
Versus
The Municipal Corporation of City Pune & Ors. ....Respondents
Date of hearing : 23.02.2023
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Mr. Agney Sail, Advocate
Respondents : Mr. Rahul Garg, Advocate for R-1
Ms. Manasi Joshi, Advocate for R-2
Ms. Supriya Dangare, Advocate for R-5
Mr. Aniruddha Kulkarni, Advocate for R-6
Ms. Divya Sinha, Head of Solid Waste
Management Division, CPCB
ORDER
1. From the side of the applicant, learned counsel Mr. Agney Sail has appeared.
2. From the side of respondent No.1 - PMC, learned counsel Mr. Rahul Garg has appeared and states that the reply-affidavit has been filed and a copy of the same has been served on the applicant and other respondents.
3. From the side of respondent No.2 - MPCB, learned counsel Ms. Manasi Joshi has appeared and submits that the reply-affidavit has been filed.
4. From the side of respondent No.3 - Ministry of Urban Development, Maharashtra, none has appeared despite sufficient service and hence, the proceeding would go ahead ex parte against it.
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5. From the side of respondent No. 4 - Department of Agriculture, Maharashtra, none has appeared despite sufficient service and hence, the proceeding would go ahead ex parte against it.
6. From the side of respondent No. 5 - Ecoman Enviro Solutions Pvt. Ltd. (private party), learned counsel Ms. Supriya Dangare has appeared and states that the reply-affidavit has been filed, copy of which has been served to the applicant and other respondents.
7. From the side of respondent No.6 - CPCB, learned Standing Counsel Mr. Aniruddha Kulkarni has appeared and states that the reply-affidavit has been filed.
8. Mr. Sail, learned counsel for the applicant submits that one annexure annexed with the compliance report, which has been filed by respondent No.6 - CPCB today, has not been served on the applicant. The learned counsel for respondent No. 6 - CPCB is directed to provide the same to him today itself.
9. The learned counsel for the execution applicant has vehemently argued that respondent No.2 - MPCB has not initiated the prosecution against the defaulters as per the direction of this Tribunal vide judgment dated 03.02.2022 passed in Original Application No.190/2016 (WZ), to which the learned counsel for respondent No.2 - MPCB responds that the notice of prosecution has already been issued against which the noticee - PMC has approached this Tribunal by filing an appeal for getting the notice quashed and the matter (appeal) is fixed on 27.02.2023.
10. As regards the other compliance relating to recovery of compensation, it is submitted in the affidavit filed by respondent No.2 -MPCB that a sum of Rs.1,82,41,900/- has been assessed as compensation amount to be levied from respondent No.1 - PMC. However, against that order dated 09.01.2023 passed by respondent No.2 - MPCB, PMC has approached this Tribunal by filing Appeal No.4 of 2023, which is listed on 27.02.2023. We deem it appropriate to hear this Execution Application also on 27.02.2023 along [NPJ] Page 2 of 3 with the said appeal and we direct the Registry to place this Execution Application on 27.02.2023 accordingly.
11. Today, respondent No.6 - CPCB has submitted the status report, wherein it is submitted that Expert Group was constituted comprising of members of CPCB, Delhi, CPCB, Regional Directorate, Pune, MPCB, Pune, Municipal Corporation and NEERI, which visited the site for the purpose of study on 20.02.2023 and 21.02.2023 and has conducted the study. The samples have been collected and submitted for analysis with respect to Solid Waste Management Rules, 2016 and Fertilizer Control Order, 2009. The results of analysis are still awaited. The complete status report shall be submitted on receipt of the respective analysis reports. Therefore, three weeks' time has been prayed to be granted for submission of final report.
12. Put up this matter along with Appeal No.04 of 2023 on 27.02.2023.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM February 23, 2023 E.A.NO.07 OF 2022 (WZ) npj [NPJ] Page 3 of 3