National Green Tribunal
Maruti M Kadam vs Mrs. Apurva Natwar Parikh & Company Pvt. ... on 6 February, 2025
Item No.9 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
[THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)]
Original Application No.75/2024(WZ)
[Earlier Letter Petition No.39/2024(WZ)]
Maruti M. Kadam
.....Applicant
Versus
M/s. Apurva Natwar Parikh & Co. Pvt. Ltd. & Ors.
....Respondents
Date of hearing: 06.02.2025
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Mr. Shankarlal Raheja, Advocate
Respondents : Mr. Saurabh Kulkarni, Advocate for R-1/PP
Mr. Aniruddha Kulkarni, Advocate for R-2/MPCB
Mr. D.M. Gupte, Advocate for R-3/CCF
ORDER
1. From the side of applicant, learned counsel Mr. Shankarlal Raheja has appeared.
2. From the side of respondent No.1- Mrs. Apurva Natwar Parikh & Company Pvt. Ltd., learned counsel Mr. Saurabh Kulkarni has appeared before us, who has filed reply affidavit dated 10.01.2025 saying therein that answering respondent is the owner of the land bearing CTS No.29/6, situated at Mulund Village, Mumbai, which has been reserved by the Municipal Corporation of Greater Mumbai for a School. The said land is located in the residential zone and is close to the Sanjay Gandhi National Park. The area around the Sanjay Gandhi National Park is an eco- sensitive zone and that the Ministry of Environment Forest and Climate Page 1 of 4 Change vide its Notification dated 05.12.2016 notified the same as an eco-sensitive zone.
3. It is further submitted in this affidavit by respondent No.1 that answering respondent, in terms of the said Notification, applied for a construction of School Building at the said land and the office of the Deputy Conservator of Forest (Thane Forest Division) vide its NOC dated 19.03.2019 granted permission for the same, copy of which is annexed as Annexure - R-4. The school was further recognized by the Education Department of the Government of Maharashtra vide its letter of Recognition (Manyata Patra) dated 29.02.2024, copy of which is also annexed as Annexure - R-5 and has also received the NOC for affiliation with the ICSE Board from the Education Department of the Government of Maharashtra.
4. It is further submitted in this affidavit by respondent No.1 that both the said permissions have not been challenged by the applicant before any Authority. It is further submitted that the school building is being constructed in stages. Part-1 & 2 of the School Building is completed up to the 5th Floor and BMC has issued OC till the 2nd Floor viz. Part -1, and Part -2 OC up to the 5th Floor is under process. It is further mentioned that allegation regarding noise pollution at the site in question is made by the applicant but the limit of the same has not been breached. The MPCB in the report has recorded that there was noise pollution on certain occasions, however, they failed to appreciate the same. Also, the said work is being carried out in off school hours and maximum up to 10 pm. But as per the report of MPCB, night time noise levels were observed up to 51.2 dB(A), which is within limit. We direct learned counsel for respondent No.1 to serve a copy of this affidavit upon Page 2 of 4 learned counsel for the applicant through e-mail, who may file rejoinder affidavit against the same, if any, within two weeks thereafter.
5. From the side of respondent No.2- MPCB, learned counsel Mr. Aniruddha Kulkarni has appeared, who has filed additional report dated 27.01.2025, in which it is submitted that based on the documents submitted by Respondent No.1-M/s. Apurva Natwar Parikh & Co. Pvt. Ltd., the Sanjay Gandhi National Park Eco-Sensitive Zone Monitoring Committee has accorded permission vide letter dated 19/03/2019 to respondent No.1 for construction of school building (area of 2486.6 sq. mtrs.) at Survey No.248/2, CTS No.29/6 at Mulund (West), Mumbai. As per the approved layout plan, the total built up area is 6576.66 sq. mtrs. It is further mentioned that the MPCB vide their letter dated 13/12/2024 requested the Asstt. Commissioner, T Ward, MCGM to take appropriate action against the noise pollution.
6. It is further mentioned in this affidavit by respondent No.2- MPCB that vide letter dated 13/12/2024, MPCB requested the Deputy Conservator of Forest, Thane Forest Division, Navpada, Thane to communicate whether the Green Acres Academy School Building of Respondent No.1-PP falls under the Sanjay Gandhi National Park Eco- Sensitive Zone and if any NOC is granted by the Forest Department for construction of the said school to the Project Proponent.
7. In view of the above submissions made by respondent No.2- MPCB, we deem it appropriate to direct respondent No.3- Chief Conservator of Forest Territorial Thane, which is being represented today by learned counsel Mr. D.M. Gupte, to file reply affidavit in this matter disclosing therein as to whether NOC was granted by them for construction of the Page 3 of 4 school of respondent No.1 along-with other relevant documents, within two weeks.
8. At this stage, with respect to noise pollution being there, we will pass an order in this regard in future after hearing the arguments of other parties and also, as to whether the Commissioner, MCGM would be a necessary party in this Original Application nor not.
9. We direct that the reply affidavit, which is to be filed, a copy of the same be served upon the applicant in advance, who may file rejoinder affidavit against the same, if any, within four weeks' thereafter.
10. Put up this matter for further consideration on 08.04.2025.
11. Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM February 06, 2025 Original Application No.75/2024(WZ) [Earlier Letter Petition No.39/2024(WZ)] P.Kr Page 4 of 4