National Green Tribunal
Vanashakti A Public Trust vs Mcgm on 13 October, 2023
Item No.3 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
[Through Physical Hearing (with Hybrid Option)]
ORIGINAL APPLICATION NO.87 OF 2023 (WZ)
WITH
I.A.NO.168/2023 IN O.A. NO.87/2023
Vanashakti & Anr. .... Applicants
Versus
Municipal Corporation of Greater MumbI & Ors. .... Respondents
Date of hearing : 13.10.2023
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicants : Mr. Zaman Ali and Mr. Mohammad Mehdi Abdi,
Advocates
Respondents : Mr. Sameer Khale, Advocate along with Mr. Prakash
Shejal, Advocate for R-1
Ms. Manasi Joshi, Advocate for R-2
Mr. Rahul Garg, Advocate along with
Mr. Raghvendra Kulkarni, Advocate for R-5 and R-6
Mr. Aniruddha Kulkarni, Advocate for R-7 and R-8
Ms. Poonam Pandey, Advocate for R-9 with C.E.O.,
Aarey Milk Colony
ORDER
1. From the side of the applicants, learned counsel Mr. Zaman Ali is present.
2. In compliance with our previous order dated 03.07.2023, the Joint Committee has submitted its report, stating therein that it visited the site in question on 18.07.2023 and found that the land was under
jurisdiction and possession of CEO of Aarey Milk Colony - respondent No.9. The site comes under municipal jurisdiction of S Ward. In [NPJ] Page 1 of 7 pursuance of this Tribunal's order dated 20.07.2023, the Committee was allowed to appoint expert agency for fact finding in respect of following:
(i) Assess environmental damage in the terms of water pollution, damage to ecology, impact on health of nearby residents, change in hydrology, etc. Quantify damage wherever possible. If quantification is not possible then assess damage as severe/high/significant/insignificant.
(ii) Assess environmental damage compensation.
(iii) Recommend remediation measures alongwith timeframe, budget and responsibility.
3. In compliance with the above, according to the Joint Committee report, the Maharashtra Pollution Control Board (MPCB) issued a letter dated 17.08.2023, requesting IIT, Mumbai and NEERI to submit Techno- Commercial proposal for assessment of the environmental damages due to debris and mud dumped at the bank of Mithi river. MPCB has received Techno-Commercial proposal from IIT, Mumbai on 31.08.2023 for the above mentioned assessment, wherein following is suggested:
"Work Plan :
Identification of Polluted Stretch from the point of debris dumping sampling and analysis of sources would be carried out.
Sources and Loan:
Pollution load of different pollutants (BOD, COD, TSS, TDS, DO, phosphorous, nitrogen, conductivity, turbidity, pH and some heavy metals) would be analysed for water samples. Solids Removal :
Treatment unit would be defined for the removal of solids from the place of debris dumping till the point of impact on the stretch of Mithi river.
Carrying Capacity Enhancement:[NPJ] Page 2 of 7
(A) Silt Removal : This is one of the crucial steps of treatment as it reduces carrying capacity of river. The design will consider arresting and removal of silt. (B) Organics : Treatment scheme for the degradation and removal of organics would be provided in integration with all other objectives.
Final Report :
Final report will be submitted incorporating feasibility report, technology brief, conceptual design of the recommended technology, environmental damage quantification, estimation of environmental compensation and remediation measure.
Deliverables Detailed Project Report consist of feasibility report, technology brief, conceptual design of the recommended technology, environmental damage, estimation of environmental compensation and remediation measure.
Project Prof. Anil Kumar Dikshit
Investigator Higher Administrative Grade Professor and
Incharge
Environmental Infrastructure & Clean Tech (EICT) Lab GIS Lab for Environmental Management & Simulation (GEMS) Environmental Science and Engineering (ESE) Department Indian Institute of Technology Bombay, Powai, Mumbai 400 076 India [email protected] 022-2576-7862/7208486792 Team - Mr. Indra Kant Jha, Environmental Member Engineer, IIT Bombay (EEPL-SINE IIT Bombay Company)
- Dr. Anju Pant, Environmental Engineer, PhD, IIT delhi (EEPL-SINE IIT Bombay Company)
- Sridhar Godwal, Environmental Engineer (EEPL-SINE IIT Bombay Company)
- Mr. Mohit Dhoka, Environmental Engineer, NIT Surat (EEPL-SINE IIT Bombay Company)
- Mr. Akshay Salunke, Environmental Engineer, MTech, NIT Surat (EEPL-SINE IIT Bombay Company) [NPJ] Page 3 of 7
- Mr. Aniket Kumar, Environmental Engineer, MTech, NIT Surat (EEPL-SINE IIT Bombay Company) Project Total duration of the project will be 120 working Duration days* If required, period may be extended by mutual consent in writing *From the receipt of first payment Budget Total Cost Rs.145 Lac (plus 18% GST) (exclusive of all taxes) Terms of 100% payment to "Registrar, IIT Bombay a/c Payment Consultancy & Research Fund" along with Work Order issued by MPCB/Proforma Invoice raised by IRCC, IIT Bombay as per following details:
Bank Details for Electronic Transfer: Beneficiary : Indian Institute of Technology Bombay Bank Name : State Bank of India, IIT Powai Branch, Munbai - 400 076 Bank A/c No. : 10725729173 IFSC/RTGS/NEFT : SBIN0001109 MICR NO. : 400002034 Branch Code : 1109 Swift Code : SBININBB519 Telepone No. : +91-22-2572-1103 Amount must be paid in full. No TDS should be deducted. Required IT exempt certificate in the name of MPCB shall be issued in due course of time Terms and The Representative (Technical Coordinator) Conditions (study area specific) from MPCB always be available for guidance and coordination with different stakeholder and shall also provide or arrange all the required assistance during site visit, sampling and data collection oat the site. Representative shall be deputed to accompany our team(s) working at various stretches.
MPCB will provide letter/permission/ assistance to conduct any site survey and related activities as per the requirement of this project.
MPCB will provide all required arrangements for local travel and hospitality to the experts as well as team members during the visits.
Maps or any diagram data of sewer, storm water nallah etc available with MPCB must be [NPJ] Page 4 of 7 shared.
Any other information available with MPCB and useful for the project shall be shared.
Labour shall be arranged for all the field work to assist the technical team.
4. It is further mentioned in the report that the MPCB has also sent E-mail dated 05.09.2023 and 05.10.2023 to NEERI for submitting Techno-Commercial proposal for assessment of the environmental damage compensation, but no reply has been received from their side and hence, it is proposed in the said Joint Committee report that the proposal made by IIT, Mumbai may be considered.
5. We are informed that a copy of this Joint Committee report is served on the applicants and other respondents. Therefore, if the applicants want to file objection/s against the same, they may file the same within two weeks. The other respondents, including respondent No.1 - MCGM may also file objection/s against the said report, if any, within two weeks.
6. From the side of respondent No.9 - CEO, Aarey Colony, learned counsel Ms. Poonam Pandey has appeared and submits that she has already e-filed the reply affidavit on 06.09.2023, but the Registry informs that the same has not been received although we find a copy of the same has been served on the learned counsel for the applicants, who has shown us a copy of the same today. We direct the learned counsel for respondent No.9 to again e-file the said reply-affidavit appropriately within two weeks with a direction that a copy of the same shall be served on all other respondents.
7. From the side of respondent No.1 - MCGM, learned counsel Mr. Sameer Khale has appeared and states that so far no reply-affidavit has [NPJ] Page 5 of 7 been filed. The learned counsel for respondent No.1 prays for a week's time to file the reply-affidavit. The same is allowed.
8. From the side of respondent No.2 - MPCB, learned counsel Ms. Manasi Joshi has appeared and states that she does not want to file the reply-affidavit.
9. From the side of respondent No.3 - Collector, Mumbai Suburban and respondent No.4 - Deputy Commissioner of Police (Zone XII), none has appeared despite sufficient service.
10. From the side of respondent No.5 - CPCB, learned counsel Mr. Rahul Garg has appeared and seeks two weeks' time to file the reply. The same is allowed.
11. From the side of respondent No.6 - MoEF&CC, learned counsel Mr. Rahul Garg has appeared and states that he does not want to file the reply-affidavit.
12. From the side of respondent No.7 - Department of Environment, Govt. of Maharashtra and respondent No.8 - Principal Secretary, Urban Development Department, State of Maharashtra, learned counsel Mr. Aniruddha Kulkarni has appeared and submits that he does not want to file the reply-affidavit.
13. The learned counsel for the applicants submits that as per this Tribunal's previous order dated 29.08.2023, respondent No.1 - MCGM was granted two weeks' time with the directions to clear the debris in coordination with other authorities, but nothing has been done in that regard so far. Since the quantity of debris is found in the Joint Committee report to be 12 lakhs CMT, which is huge one, it would be expensive to remove the same from the site in question and also it will have to be determined as to where same should be taken to if it is considered to be removed from there and who would bear the expenses for its removal. These questions need to be answered by us and [NPJ] Page 6 of 7 directions need to be issued accordingly, which is possible to be done only after the reply-affidavits have been filed by the parties.
14. Put up this matter for next consideration on 29.01.2024.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM October 13, 2023 O.A. No.87/2023(WZ) npj [NPJ] Page 7 of 7