National Green Tribunal
Sarang Yadwadkar vs Ms Pune Municipal Corporation on 24 April, 2024
Item No.4 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)
Original Application No.79/2024(WZ)
Sarang Yadwadkar & Anr.
.....Applicant(s)
Versus
M/s. Pune Municipal Corporation & Ors.
....Respondent(s)
Date of hearing: 24.04.2024
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Mr. Ritwick Dutta, Advocate
Respondent : Mr. Rahul Garg, Advocate for R-1/PMC
ORDER
1. This application has been filed with the prayers that a direction be issued to the respondent No.1- M/s. Pune Municipal Corporation (PMC) to make compliance of the conditions, imposed by the State Environment Impact Assessment Authority (SEIAA), Maharashtra- respondent No.4 in its Meeting dated 07.11.2023 on the Mula- Mutha Riverfront Development Project, on the entire stretch of the project; and a direction be issued to stop the construction work at the project site, in the light of the conditions imposed by the respondent No.4- SEIAA in the said Meeting on the Mula-Mutha Riverfront Development Project.
2. Our attention is drawn by the learned counsel for applicants to the order dated 04.01.2023 passed by this Tribunal in Execution Application No.13/2022(WZ) in Appeal No.12/2020(WZ), in which by disposing of the Appeal No.12/2020(WZ), following order dated 29.11.2022 was passed:- Page 1 of 4
"49. Despite lacunae in TOR, MOM and project description in EC letter, we find that overall system has enabled impact identification, assessment, preparation of EMP and recommending appropriate additional measures as EC conditions. EIA is an evolving process. MoEF&CC vide OM dated 11th June 2018 in order to streamline various processes in granting EC has issued Form-4 for seeking Amendment in Environmental Clearance by submitting information on amendment in configuration/Amendments in clearance conditions with reasons for seeking amendment. As this is public interest project, the PP has carried out all required studies, and SEAC/SEIAA have duly apprised the proposal before recommending/granting EC, we do not find it necessary to set aside the EC, however, we hereby direct the PP to approach SEIAA for amendment of EC both in the terms of project scope and additional EC conditions to be stipulated, if any, before proceeding to start any construction activity. We dispose of Item Nos. 1 & 2 accordingly."
3. Thereafter, the learned counsel for applicants has drawn our attention to the remaining para of the order passed in Execution Application No.13/2022(WZ), wherein, in para no.3 it is recorded that already two Work Orders dated 02.03.2022 were issued and the work under the said Work Orders had commenced during the pendency of Appeal No.12 of 2020. No stay was granted on the commencement of the work during pendency of the said appeal. Therefore, this Tribunal had held that if the work, which is going on pursuant to the earlier Work Orders dated 02.03.2022, is directed to be stopped, that would entail financial loss to the respondent No.1 - Pune Municipal Corporation and hence, it was directed that the respondent No.1 shall approach the SEIAA for seeking amended E.C, on priority basis.
4. Thereafter, the learned counsel for applicants has drawn our attention to the Minutes of 270th Meeting of SEIAA held on 07.11.2023, which is annexed at page nos.106 to 115 of the paper book, wherein it is recorded that pursuant to the above-mentioned order of this Tribunal, the respondent No.1- PP had applied to SEIAA and accordingly, SEIAA vide its letter dated 11.01.2023, opined and informed that MoEF&CC has made it mandatory to use PARIVESH Portal for grant of Environmental Page 2 of 4 Clearance (EC)/amendment, hence SEIAA suggested to apply online on PARIVESH Portal. During the Meeting, the SEIAA observed as below:-
" 1. As most of the above points (SEAC Compliances) are highly technical in nature they will require detailed evaluation. PP to submit compliance of the above 18 listed requirements.
2. Hydraulic and Hydrology study/report is thoroughly wetted/analyzed by CWPRS and CWPRS should specifically comment on.
a) Whether after channelization would there be rise in river flooding events in Pune city as well as pluvial floods beyond both the banks of the rivers.
b) Whether after channelization at the confluence of Mula Mutha river would there be rise in river flooding events.
c) Whether 100 years floods data has been considered while computing the flood levels.
d) As one of the foremost objectives of the project is to, "Reduce the risk of flooding". Specific clarification on this should be given including phase wise targets and likely milestones.
e) Conformation to Indian Standards Codes for all works including embankments.
f) Whether Gol eliminate change scenarios and particularly conclusions of TERI that there would be 37% rise in annual rainfall with reduced number of rainy days i.e. more frequent cloud bursts is considered."
5. Having drawn our attention to the above study/report, which are yet to be conducted, the learned counsel for applicants submits that without these studies, the existing work, which is going on in pursuance of the earlier Work Orders, should be directed to be stopped because even if the work is allotted under earlier Work Orders, that would result in inundation of the Pune city where this project is going on.
6. From the side of respondent No.1- PMC, learned counsel Mr. Rahul Garg has appeared, who submits that he has to seek instruction from the Department to file reply affidavit, although he has submitted before us that some part of the project has already been completed. Page 3 of 4
7. In view of above, we deem it appropriate to admit this application and accordingly admit the same.
8. Registry is directed to issue Notice to the respondents, returnable within 04(four) weeks.
9. Since learned counsel Mr. Rahul Garg accepts notice on behalf of respondent No.1, hence notice is waived against respondent No.1.
10. Applicants are directed to take necessary steps for service to the respondents by both ways (Dasti as well as by Registered Post) and also on available e-mail/WhatsApp and submit service affidavit within one week.
11. Applicants are also directed to provide copy of the application and relevant documents to the respondents within a week.
12. Respondents are directed to submit their reply affidavits within four weeks and also circulate the same to the applicants as also other respondents by available e-mail.
13. Rejoinder, if any, is directed to be submitted within one week thereafter.
Put up this matter for further consideration on 20.08.2024
14. Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM April 24, 2024 Original Application No.79/2024(WZ) P.Kr Page 4 of 4