National Green Tribunal
Vanashakti vs Municipal Corporation Of Greater ... on 24 April, 2025
Item No.11 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
[THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)]
ORIGINAL APPLICATION NO.100 OF 2024 (WZ)
I.A. NO.44/2025 and I.A. NO.45/2025 (WZ)
Vanashakti & Anr.
.....Applicants
Versus
Municipal Commissioner, MCGM & Ors.
....Respondents
Date of hearing: 24.04.2025
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Ms. Ronita Bhattacharya, Advocate
Respondents : Mr. Aniruddha Kulkarni, Advocate for R-3/Envt. Deptt. &
R-4/UDD
Mr. D.M. Gupte, Advocate for R-6 to 8
Mr. Shubham Rathod, Advocate h/f
Mr. Rahul Garg, Advocate for R-9/MoEF&CC
Mr. S.K. Jain, Senior Advocate along-with
Mrs. Sunita P. Kinkar and Mr. Nikunj Agarwal, Advocates
for R-10 & 11/PP
Mr. Shrey Sancheti, Advocate for R-12.
ORDER
I.A. NO.44/2025 (WZ) and I.A. NO.45/2025 (WZ)
1. By I.A. No.44/2025(WZ), following prayers are made:-
" a) Direct the officers of the Dindoshi Police Station, Malad East to vigorously and diligently investigate the fires that occurred on the 28th of December 2024 and 13th January 2025 on the land bearing Survey No. 239/1(part) and CTS No 827A/4A/1 and CTS No 827A/4A/2 with the help of professionals who have experience investigating fires in terms of Recommendation No.
2 of the Joint Committee in its first report submitted in OA 100/2024;
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b) For any others orders as this Hon'ble Tribunal may deem fit in the interest of justice."
2. By I.A. No.45/2025(WZ), following prayers are made:-
"
a) That this Hon'ble Tribunal be pleased to allow the Applicants to implead the Dindoshi Police Station, Malad East through the Senior Inspector to be impleaded as Respondent No. 13 in Original Application 100/2024;
b) That this Hon'ble Tribunal allow the amendment of the Original Application No. 100 of 2024 in terms of the draft Amendment annexed as Annexure A- 1;
c) For any other orders as this Hon'ble Tribunal may deem fit in the interest of justice."
3. After having heard the arguments of learned counsel for other parties on above-mentioned I.A.s, we would like to mention here that the cause of action, which has been mentioned in the said I.A.s, appears to be a subsequent cause of action having arisen to the applicants because it has transpired from the Joint Committee Report that some fire occurrences have happened, because of which prayer is made by the applicant through the I.A. No.45/2025 (WZ) that the Dindoshi Police Station, Malad East through the Senior Inspector may be impleaded as Respondent No.13 in the present Original Application.
4. We are not inclined to enlarge the scope of the present Original Application because in this application, matter relates to allegedly illegal construction made by Respondent Nos.10 & 11 by cutting hills at the site in question as well as burning of trees for the said construction and blocking the natural drains. So, we have to confine these reliefs only in the present Original Application and hence, above-mentioned I.A.s deserve to be rejected and are accordingly rejected with the liberty to the applicants that they may approach the said Police Station directly to lodge an FIR against the culprit.
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5. However, we take on record the order dated 14.01.2025 passed by the Hon'ble High Court of Bombay in Public Interest Litigation No.48 of 2023 with Interim Application (L) No.31290 of 2024 (Samyak Janhit Seva Sanstha vs. The Union of India & Ors.) as well as the copies of the Minutes of 81st Meeting of the Standing Committee of National Board for Wildlife, which are annexed at page nos.790 to 795 of the paper book.
6. We direct that against the documentary evidences, which are permitted to be brought on record, in rebuttal, if any documents are required to be filed by other parties, the same may be filed within two weeks.
7. I.A. NO.44/2025 (WZ) and I.A. NO.45/2025 (WZ) stand disposed of accordingly.
ORIGINAL APPLICATION NO.100 OF 2024 (WZ)
8. Since this Original Application is ripe for final hearing, as all the parties, who have appeared today, are concurring for the same, we direct the Registry to list this matter for final hearing on 25.08.2025.
9. We also direct learned counsel for other parties to give brief note, particularly, containing the points to be determined by this Tribunal in the present Original Application along-with the evidences on record.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM April 24, 2025 ORIGINAL APPLICATION NO.100 OF 2024 (WZ) I.A. NOS.44/2025 and 45/2025 P.Kr Page 3 of 3